Lease Required Notice to Cure

June 30, 1999

LVT Number: 13381

Landlord sued to evict tenant for creating a nuisance. Her apartment was extremely cluttered to the point that the City had issued a violation. Tenant claimed the case should be dismissed because landlord hadn't delivered a notice to cure to her before sending the termination notice. The court ruled for tenant. Although landlord claimed a notice to cure wasn't required in a nuisance case, such notice was required under the terms of tenant's lease. What landlord really was claiming was that tenant had breached her lease or a substantial obligation of her tenancy.

Landlord sued to evict tenant for creating a nuisance. Her apartment was extremely cluttered to the point that the City had issued a violation. Tenant claimed the case should be dismissed because landlord hadn't delivered a notice to cure to her before sending the termination notice. The court ruled for tenant. Although landlord claimed a notice to cure wasn't required in a nuisance case, such notice was required under the terms of tenant's lease. What landlord really was claiming was that tenant had breached her lease or a substantial obligation of her tenancy. The court also found that tenant had corrected the violation, based on tenant's testimony and the testimony of another witness.

Unicorn 151 Corp. v. Small: NYLJ, p. 31, col. 6 (6/23/99) (Civ. Ct. Kings; Rodriquez, J)

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