Notice of Termination Not Defective

Landlord sued to evict tenant for subletting without consent. Tenant claimed that landlord's termination notice was defective. The trial court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord's termination notice stated that tenant had sublet the rent-controlled apartment without consent and that tenant was living in Cambridge, Massachusetts. The notice fairly notified tenant of landlord's claims and gave sufficient facts to show the existence of grounds for eviction. The alternative grounds set forth in the petition---unlawful subletting and nonprimary residence---weren't inconsistent and didn't make the termination notice invalid. Also, it didn't matter that the notice to cure and termination notice identified subtenant differently.

Peck v. Greene: NYLJ, p. 30, col. 3 (5/11/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)