Landlord Should Have Sent Tenant a Notice to Cure

December 19, 2019

LVT Number: #30548

Landlord sued to evict rent-stabilized tenant for creating a nuisance by objectionable conduct. Landlord claimed that tenant engaged in vandalism of the building super's car, and physically assaulted both the super and his wife. Tenant asked the court to dismiss the case because landlord didn't send him a notice to cure before starting the eviction proceeding. Landlord argued that the course of conduct was incapable of cure. The court ruled for tenant and dismissed the case.

Landlord sued to evict rent-stabilized tenant for creating a nuisance by objectionable conduct. Landlord claimed that tenant engaged in vandalism of the building super's car, and physically assaulted both the super and his wife. Tenant asked the court to dismiss the case because landlord didn't send him a notice to cure before starting the eviction proceeding. Landlord argued that the course of conduct was incapable of cure. The court ruled for tenant and dismissed the case. Although the Rent Stabilization Code wouldn't require service of a notice to cure before commencement of the nuisance proceeding, tenant's lease does. The limited instances of objectionable conduct cited also didn't amount to a nuisance that wouldn't require a notice to cure. 

M. 1695 G.C. LLC v. Perez: 2019 NY Slip Op 29355, Index No. L&T 66432/2018 (Civ. Ct. Bronx; 11/19/19; Bacdayan, J)

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