Notice to Cure Not Required

April 30, 2003

LVT Number: 16558

Landlord sued to evict tenant for creating a nuisance based on the condition of tenant's apartment. Landlord and tenant signed a settlement agreement in court. Under the agreement, landlord got a judgment of possession if a court inspection showed the conditions existed. A court inspection showed that the apartment contained thousands of books, magazines, cans, bottles, pictures, rags, and other items. There was barely room to walk and there was a clear health and fire hazard. The court ruled for landlord.

Landlord sued to evict tenant for creating a nuisance based on the condition of tenant's apartment. Landlord and tenant signed a settlement agreement in court. Under the agreement, landlord got a judgment of possession if a court inspection showed the conditions existed. A court inspection showed that the apartment contained thousands of books, magazines, cans, bottles, pictures, rags, and other items. There was barely room to walk and there was a clear health and fire hazard. The court ruled for landlord. Tenant appealed, claiming that landlord never sent him a notice to cure before starting the court case. The appeals court ruled against tenant. A notice to cure wasn't required because landlord claimed nuisance, not breach of a substantial obligation of tenancy. And even if he had this defense, tenant waived it. Tenant also was given the opportunity to cure during the course of the court case and didn't do so.

Kast Realty LLC v. Houston: NYLJ, 4/25/03, p. 18, col. 1 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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