Landlord's Termination Notice Was Defective

June 24, 2019

LVT Number: #30192

Landlord sued to evict rent-stabilized tenant for altering her apartment without landlord's prior written consent. Landlord claimed that tenant installed a subfloor above the unit's main floor and altered the front door. The court granted tenant's request to dismiss the case, finding landlord's termination notice defective. The termination notice left out facts on which the claim was based. The termination also was issued one day after the cure notice period ended, and failed to state how landlord concluded that tenant's breach wasn't cured just one day later.

Landlord sued to evict rent-stabilized tenant for altering her apartment without landlord's prior written consent. Landlord claimed that tenant installed a subfloor above the unit's main floor and altered the front door. The court granted tenant's request to dismiss the case, finding landlord's termination notice defective. The termination notice left out facts on which the claim was based. The termination also was issued one day after the cure notice period ended, and failed to state how landlord concluded that tenant's breach wasn't cured just one day later. This gave the appearance of bad faith.

Sudimac v. Beck: Index No. 71333/18, NYLJ No. 1558429729 (Civ. Ct. Queens; 5/15/19; Jimenez, J)

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