Notice Inconsistently Gave Tenant Option to Remain If Dog Removed

January 19, 2016

LVT Number: #26714

Landlord cooperative corporation sued shareholder tenant after terminating his proprietary lease. Landlord claimed that tenant kept a dog in his apartment in violation of the building’s occupancy agreement and house rules. Tenant claimed that landlord’s notice to cure and termination notice were defective. The court agreed and dismissed the case. The termination notice demanded possession of the apartment but gave tenant the option of remaining if he removed the dog. This was inconsistent, so the termination notice was invalid.

Landlord cooperative corporation sued shareholder tenant after terminating his proprietary lease. Landlord claimed that tenant kept a dog in his apartment in violation of the building’s occupancy agreement and house rules. Tenant claimed that landlord’s notice to cure and termination notice were defective. The court agreed and dismissed the case. The termination notice demanded possession of the apartment but gave tenant the option of remaining if he removed the dog. This was inconsistent, so the termination notice was invalid. The court also awarded tenant attorney’s fees since he was the prevailing party and the lease contained an attorney’s fee clause.

 

 

 
Clearview Gardens First Corp. v. Wicelinski: Index No. 702486/15, NYLJ No. 1202745899709 (Sup. Ct. Queens; 12/3/15; Velasquez, J)

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