Landlord's Termination Notice Didn't Support Claimed Lease Violation

May 24, 2024

LVT Number: #33220

Landlord sued to evict rent-stabilized tenant for allowing other people to live in the apartment's recreation room, in violation of tenant's lease. Tenant asked the court to dismiss the case, claiming that landlord's termination notice failed to outline any specific, actionable breaches of the lease. The court ruled for tenant. Landlord failed to properly allege that tenant was engaging in a pattern of behavior that was affecting other tenants or harassing landlord.

Landlord sued to evict rent-stabilized tenant for allowing other people to live in the apartment's recreation room, in violation of tenant's lease. Tenant asked the court to dismiss the case, claiming that landlord's termination notice failed to outline any specific, actionable breaches of the lease. The court ruled for tenant. Landlord failed to properly allege that tenant was engaging in a pattern of behavior that was affecting other tenants or harassing landlord. And landlord failed to allege how tenant was violating RSC Section 2524.3(d) by permitting the apartment to be used for illegal or immoral purposes.

65 W. 68th St. LLC v. Balanque: Index No. 319050-23, 2023, 2024 NYLJ LEXIS 1369 (Civ. Ct. NY; 4/29/24; Gonzalez, J)

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