Landlord's Notice Sufficiently Described Nuisance Condition

April 16, 2014

LVT Number: #25447

Landlord sued to evict rent-stabilized tenant, claiming that tenant had committed a nuisance and breached a substantial obligation of his tenancy. Tenant asked the court to dismiss the case, claiming that landlord's notice to cure was defective. The court ruled for tenant. Landlord appealed and won. Under the Emergency Tenant Protection Regulations, nuisance is a specific grounds for terminating a tenancy and a notice to cure is required. The notice to cure must state the wrongful act or omission of the tenant and the facts necessary to establish its existence.

Landlord sued to evict rent-stabilized tenant, claiming that tenant had committed a nuisance and breached a substantial obligation of his tenancy. Tenant asked the court to dismiss the case, claiming that landlord's notice to cure was defective. The court ruled for tenant. Landlord appealed and won. Under the Emergency Tenant Protection Regulations, nuisance is a specific grounds for terminating a tenancy and a notice to cure is required. The notice to cure must state the wrongful act or omission of the tenant and the facts necessary to establish its existence. Landlord's notice regarding the foul odors continuously coming from tenant's apartment satisfied this requirement.

WRG Acquisition XIII, LLC v. Dalton: 2014 NY Slip Op 50479(U), 2014 WL 1272175 (App. T. 2 Dept.; 3/17/14; Nicolai, PJ, Iannacci, Marano, JJ)

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