Landlord Showed No Good Faith Attempt to Determine If Tenant Tried to Cure

September 27, 2017

LVT Number: #27936

Landlord sued to evict tenant for keeping a dog in violation of her lease and for illegally subletting the apartment. Tenant claimed that landlord waived any right to evict her for having the dog. Tenant also claimed that landlord's predicate notices were defective. Landlord had sent tenant a notice to cure the lease violations but then, on the same day that the cure period ended, landlord sent tenant a lease termination notice.

Landlord sued to evict tenant for keeping a dog in violation of her lease and for illegally subletting the apartment. Tenant claimed that landlord waived any right to evict her for having the dog. Tenant also claimed that landlord's predicate notices were defective. Landlord had sent tenant a notice to cure the lease violations but then, on the same day that the cure period ended, landlord sent tenant a lease termination notice. Landlord's hasty delivery of the termination notice indicated no good-faith effort by landlord to determine if tenant had made any effort to cure the claimed lease violations. So landlord's termination notice was defective and the case must be dismissed.

H&N Equities LLC v. Sanchez: Index No. L&T75797/16, NYLJ No. 1202794650578 (Civ. Ct. Queens; 7/17/17; Kullas, J)

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