Landlord's Termination Notice Insufficient

LVT Number: #26345

Landlord sued to evict tenant for creating a nuisance and violating a substantial obligation of his tenancy by maintaining a “Collyers” condition in his apartment. Landlord claimed that the apartment was unhygienic, exuded a bad odor, and presented a danger to tenant, the building, and other tenants. Tenant asked the court to dismiss the case, claiming that landlord’s termination notice was too vague and therefore the case should be dismissed. The court ruled for tenant.

Landlord sued to evict tenant for creating a nuisance and violating a substantial obligation of his tenancy by maintaining a “Collyers” condition in his apartment. Landlord claimed that the apartment was unhygienic, exuded a bad odor, and presented a danger to tenant, the building, and other tenants. Tenant asked the court to dismiss the case, claiming that landlord’s termination notice was too vague and therefore the case should be dismissed. The court ruled for tenant. Although it may not be necessary to indicate dates and times of specific incidents, landlord didn’t state how the rights of other tenants were being harmed and who those tenants were. Tenant had a right to know, in order to defend against landlord’s claim.

 

 

Pacific Van Buren Realty, LLC v. Robinson: Index No. L&T 108241//2014, NYLJ 1202731050245 (Civ. Ct. Kings; 6/15/15; Ressos, J)