Landlord's Termination Notice Didn't State Enough Facts

January 1, 2011

LVT Number: #23091

Landlord sued to evict rent-stabilized tenant for nuisance and lease noncompliance. Landlord claimed that the apartment was overcrowded and that tenant was illegally subletting. Tenant claimed that landlord's notice to cure and termination notice were defective and asked the court to dismiss the case. The court ruled for tenant. Landlord's notices didn't state facts sufficient to advise tenant of the reasons eviction was sought and didn't identify the lease provisions violated. The claims of overcrowding and illegal sublet seemed contradictory without more explanation.

Landlord sued to evict rent-stabilized tenant for nuisance and lease noncompliance. Landlord claimed that the apartment was overcrowded and that tenant was illegally subletting. Tenant claimed that landlord's notice to cure and termination notice were defective and asked the court to dismiss the case. The court ruled for tenant. Landlord's notices didn't state facts sufficient to advise tenant of the reasons eviction was sought and didn't identify the lease provisions violated. The claims of overcrowding and illegal sublet seemed contradictory without more explanation. The termination notice also sought eviction based on overcrowding, although the apartment was occupied by persons permitted to live there by law.

Welch v. Fairclough: Index No. 72601/2010, NYLJ No. 1202475943296 (Civ. Ct. Kings; 11/30/10; Fiorella, J)

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