Notice to Cure Not Required

March 1, 1998

LVT Number: 12198

Landlord sued to evict tenant for creating a nuisance and for denying landlord access to the apartment for the purpose of inspecting the plumbing and making repairs if necessary. Landlord claimed that tenant's apartment was a ''Collier's mansion'' overflowing with books and papers. Tenant claimed that landlord didn't send a notice to cure, so its petition was defective. Landlord claimed that a notice to cure wasn't necessary. The court ruled for landlord.

Landlord sued to evict tenant for creating a nuisance and for denying landlord access to the apartment for the purpose of inspecting the plumbing and making repairs if necessary. Landlord claimed that tenant's apartment was a ''Collier's mansion'' overflowing with books and papers. Tenant claimed that landlord didn't send a notice to cure, so its petition was defective. Landlord claimed that a notice to cure wasn't necessary. The court ruled for landlord. A notice to cure isn't required when it's claimed that tenant is committing a nuisance, nor is it required when tenant has denied access for inspection and repairs. Tenant may be given the chance to cure after the trial if the court rules for landlord.

Lew Realty LLC V. Chiremba: NYLJ, p. 26, col. 4 (2/11/98) (Civ. Ct. NY; Acosta, J)

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