Notice to Cure Required in Chronic Nonpayment Case

February 1, 2002

LVT Number: 15565

Facts:Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Tenant claimed that the case should be dismissed because landlord didn't first send tenant a notice to cure. Landlord argued that no notice to cure was needed and pointed to another court case with that ruling. Courts:Landlord loses. Landlord's termination notice to tenant claimed that tenant breached a substantial obligation of his tenancy by chronic late payment of rent. Landlord didn't claim that tenant was creating a nuisance.

Facts:Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Tenant claimed that the case should be dismissed because landlord didn't first send tenant a notice to cure. Landlord argued that no notice to cure was needed and pointed to another court case with that ruling. Courts:Landlord loses. Landlord's termination notice to tenant claimed that tenant breached a substantial obligation of his tenancy by chronic late payment of rent. Landlord didn't claim that tenant was creating a nuisance. The Rent Stabilization Code and tenant's lease require landlord to send a notice to cure when claiming that tenant is in substantial breach of an obligation of his tenancy.

Herald Towers LLC v. Perry: NYLJ, 1/16/02, p. 19, col. 1 (Civ. Ct. NY; Lau, J)

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