Notice to Cure Didn't Match Claimed Breaches to Lease Provisions

June 30, 2009

LVT Number: #21999

Landlord sued to evict tenant for various lease violations. Landlord's notice to cure listed 11 claims of fact and nine lease clauses. But the notice to cure didn't indicate which claimed fact violated which lease clause. Tenant claimed that the cure notice was defective and asked the court to dismiss the case. The court ruled for tenant. While a cure notice need not be perfect, it must sufficiently notify tenant of landlord's claims so that tenant can sufficiently prepare a defense.

Landlord sued to evict tenant for various lease violations. Landlord's notice to cure listed 11 claims of fact and nine lease clauses. But the notice to cure didn't indicate which claimed fact violated which lease clause. Tenant claimed that the cure notice was defective and asked the court to dismiss the case. The court ruled for tenant. While a cure notice need not be perfect, it must sufficiently notify tenant of landlord's claims so that tenant can sufficiently prepare a defense. This means that the cure notice must list not just the facts and the lease provisions being breached but also which facts breach which provisions.

309 East 60th St. LLC v. Attallah: NYLJ, 6/24/09, p. 27, col. 1 (Civ. Ct. NY; Engoron, J)

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