Landlord's Termination Notice Citing Unlawful Short-Term Rentals Was Insufficient

Landlord sued to evict tenant for repeatedly subletting his apartment on a short-term basis through Airbnb. Tenant asked the court to dismiss the case, claiming that landlord's termination notice was insufficient. The court agreed and dismissed the case. As tenant pointed out, landlord's termination notice failed to state the relevant provisions under the Multiple Dwelling Law and Administrative Code that landlord relied on. And landlord failed to first send tenant a notice to cure. So the termination notice was insufficient even though it was 11 pages long and listed facts concerning Internet ads and building staff's observations of different persons using the apartment for short periods. The termination notice was confusing and, as written, likely to impede tenant's ability to prepare a defense.

Horatio St. Partners LLC v. Bowe: Index No. 78675/18, NYLJ No. 1565738200 (Civ. Ct. NY; 7/12/19; Nembhard, J)