Notice to Cure Didn't State Lease Clause Violated

September 30, 2002

LVT Number: 16110

Landlord sued to evict rent-stabilized tenant after sending tenant a notice to cure and a lease termination notice. Landlord claimed that tenant violated the lease by keeping dogs, letting feces and debris accumulate, and allowing the dogs to bark. Tenant asked the court to dismiss the case. Tenant claimed that landlord's notices were defective. The court ruled for tenant. The notices must state the specific lease clauses that landlord claims were being violated by tenant's conduct. The case was dismissed without barring landlord from resending proper notices.

Landlord sued to evict rent-stabilized tenant after sending tenant a notice to cure and a lease termination notice. Landlord claimed that tenant violated the lease by keeping dogs, letting feces and debris accumulate, and allowing the dogs to bark. Tenant asked the court to dismiss the case. Tenant claimed that landlord's notices were defective. The court ruled for tenant. The notices must state the specific lease clauses that landlord claims were being violated by tenant's conduct. The case was dismissed without barring landlord from resending proper notices.

Uptown Gambit Inc. v. Penque: NYLJ, 9/4/02, p. 20, col. 1 (Civ. Ct. NY; Billings, J)

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