Landlord's Notices of Illegal Sublet Were Insufficient to Support Eviction Petition

March 30, 2017

LVT Number: #27596

Landlord sued to evict tenant for illegal subletting. Tenant asked the court to dismiss the case, arguing that landlord’s notice to cure and termination notice were insufficient. The court ruled for tenant and dismissed the case. Landlord’s notices each cited only one date where the building super observed sublet activity. While landlord’s sworn statement submitted in opposition to tenant’s dismissal request contained many more details regarding the sublet, these weren’t included in the predicate notices and defective notices can’t be cured. 

Landlord sued to evict tenant for illegal subletting. Tenant asked the court to dismiss the case, arguing that landlord’s notice to cure and termination notice were insufficient. The court ruled for tenant and dismissed the case. Landlord’s notices each cited only one date where the building super observed sublet activity. While landlord’s sworn statement submitted in opposition to tenant’s dismissal request contained many more details regarding the sublet, these weren’t included in the predicate notices and defective notices can’t be cured. 

 

 
Zara Realty Holding Corp. v. Santos: Index No. 73383/16, NYLJ 1202778231347 (Civ. Ct. Queens; 1/17/17; Ressos, J)

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