Notice to Cure Not Specific Enough

November 1, 1998

LVT Number: 12744

Landlord sued to evict tenant for keeping a dog in her apartment. Tenant claimed that landlord's notice to cure was defective and that the case should be dismissed. The court ruled for tenant, finding that landlord's notice to cure was too vague. Landlord's notice stated that tenant was creating a nuisance because tenant had a dog and three puppies, and that this was a lease violation. The notice didn't specify any circumstances setting forth dates, times, locations, or descriptions of offensive conduct.

Landlord sued to evict tenant for keeping a dog in her apartment. Tenant claimed that landlord's notice to cure was defective and that the case should be dismissed. The court ruled for tenant, finding that landlord's notice to cure was too vague. Landlord's notice stated that tenant was creating a nuisance because tenant had a dog and three puppies, and that this was a lease violation. The notice didn't specify any circumstances setting forth dates, times, locations, or descriptions of offensive conduct.

Thelen v. Torres: NYLJ, p. 29, col. 5 (10/21/98) (Civ. Ct. Bronx; Heymann, J)

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