Notice to Cure Required for Chronic Nonpayment Case

Facts: Tenant moved into an apartment in 1993. Landlord sued to evict tenant for nonpayment of rent a number of times since then. Finally, landlord sued to evict tenant for chronic nonpayment of rent. Tenant asked the court to dismiss the case because landlord didn't send tenant a notice to cure before sending a termination notice. Landlord claimed that it didn't have to send a cure notice because chronic nonpayment of rent wasn't something that tenant could correct. Court: Tenant wins. Landlord's termination notice stated that tenant was in violation of an obligation of his tenancy. Tenant's lease required landlord to serve a 10-day notice to cure if tenant was in default under the lease. And since tenant was rent stabilized, the Rent Stabilization Code also required that a cure notice be delivered if landlord sought eviction based on a violation of an obligation of the tenancy. Only in a case where the termination notice states that tenant has created a nuisance by chronic nonpayment is a cure notice not needed.

326-330 E. 35th St. Assocs. v. Sofizade: NYLJ, 8/1/01, p. 18, col. 4 (Civ. Ct. NY; Schreiber, J)