Notice to Cure Defective

September 30, 1994

LVT Number: 9118

Facts: Landlord sued to evict tenant for illegal sublet and unauthorized business use of the apartment. Landlord sent tenant a 10-day notice to cure by certified mail on Dec. 22, 1993. Tenant received it on Jan. 5, 1994. The notice gave tenant until Jan. 14, 1994, to cure the lease violations. Tenant argued that the notice was defective because it didn't give him 10 days to cure. Court: Tenant wins. The notice only gave tenant nine days to cure---from Jan. 6 to Jan. 14. The date tenant got the notice isn't counted in the 10-day notice period.

Facts: Landlord sued to evict tenant for illegal sublet and unauthorized business use of the apartment. Landlord sent tenant a 10-day notice to cure by certified mail on Dec. 22, 1993. Tenant received it on Jan. 5, 1994. The notice gave tenant until Jan. 14, 1994, to cure the lease violations. Tenant argued that the notice was defective because it didn't give him 10 days to cure. Court: Tenant wins. The notice only gave tenant nine days to cure---from Jan. 6 to Jan. 14. The date tenant got the notice isn't counted in the 10-day notice period.

Fifth Avenue Development Co. v. Hill-Barlow: NYLJ, p. 27, col. 4 (9/19/94) (Civil Ct. NY; Strauss, J)

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