Notice to Cure Required

Landlord sued to evict rent-stabilized tenant for nuisance after serving a termination notice. Tenant claimed landlord should have sent a notice to cure first. Landlord claimed this wasn't necessary. The court ruled for landlord, and tenant appealed and won. Tenant's lease required service of a five-day notice to cure before terminating the lease for ''objectionable conduct.'' Landlord complained about tenant's failure to grant access and offensive behavior against another tenant. This claimed nuisance could equally be described as objectionable conduct, and so was covered by tenant's lease. Even though the Rent Stabilization Code required only a termination notice, this was a minimum requirement. Tenant's lease also clearly required the notice to cure. The case was dismissed.

Waring Barker Co. v. Santiago: NYLJ, p. 25, col. 1 (1/23/98) (App. T. 1 Dept.; Parness, PJ, Freedman, Davis, JJ)