Landlord's Notice to Cure States Insufficient Facts

March 7, 2012

LVT Number: #23932

Landlord sued to evict rent-stabilized tenant for substantially violating the obligations of her tenancy. Landlord claimed that tenant maintained a washing machine in her apartment in violation of her lease and engaged in wrongful conduct. Tenant claimed that landlord's predicate notices were insufficient and therefore fatally defective. The court ruled for tenant and dismissed the case. The notice to cure stated that tenant violated her lease by having the washing machine but didn't refer to any lease provision.

Landlord sued to evict rent-stabilized tenant for substantially violating the obligations of her tenancy. Landlord claimed that tenant maintained a washing machine in her apartment in violation of her lease and engaged in wrongful conduct. Tenant claimed that landlord's predicate notices were insufficient and therefore fatally defective. The court ruled for tenant and dismissed the case. The notice to cure stated that tenant violated her lease by having the washing machine but didn't refer to any lease provision. The cure notice was vague and failed to give notice of the facts needed to prove that there was a violation of the lease or a substantial tenancy obligation. So landlord's petition was defective and must be dismissed.

Abramovich v. Toimil: Index No. L&T70370/11, NYLJ No. 1202541985479 (Civ. Ct. Kings; 2/3/12; Milin, J)

Topics

More like this