No Notice to Cure Required in Nuisance Case

Landlord sued to evict rent-controlled tenant for creating a nuisance by keeping her apartment in an unsanitary manner. Landlord claimed that the apartment was in filthy condition, filled with garbage, stench, and a serious infestation of roaches and flies. Landlord also claimed that tenant kept a cat, dog, and bird in the apartment without properly caring for these pets. Tenant asked the court to dismiss the case, claiming that landlord's termination notice was defective. The court ruled against tenant. Tenant claimed that landlord should first have sent her a notice to cure and that its termination notice failed to set forth specific dates. But Rent Control Law Section 2204.2(a)(2) didn't require service of a notice to cure and generally no notice to cure is required when nuisance is claimed. Landlord's notice otherwise was reasonable and definite enough. There was no absolute requirement that the notice contain dates and times of incidents alleged. 

145 East 49th Street, LLC v. Mills: 41 Misc.3d 1230(A), 2013 NY Slip Op 51939(U) (Civ. Ct. NY; 11/25/13; Kraus, J)