Notices Sent by Certified Mail

March 1, 1999

LVT Number: 13054

Landlord sued to evict rent-stabilized tenant for illegal subletting. Tenant argued that the case should be dismissed because landlord didn't send its notice to cure and termination notice in the manner required by tenant's lease. The lease stated that any notices must be delivered in person or sent by registered mail. Landlord sent its notices by certified mail and regular mail. The court ruled against tenant. An appeals court had already ruled that the use of certified mail instead of registered mail was sufficient, even if a lease provided otherwise.

Landlord sued to evict rent-stabilized tenant for illegal subletting. Tenant argued that the case should be dismissed because landlord didn't send its notice to cure and termination notice in the manner required by tenant's lease. The lease stated that any notices must be delivered in person or sent by registered mail. Landlord sent its notices by certified mail and regular mail. The court ruled against tenant. An appeals court had already ruled that the use of certified mail instead of registered mail was sufficient, even if a lease provided otherwise.

Bellstell 140 E. 56th St., LLC v. Layton: NYLJ, p. 32, col. 5 (2/17/99) (Civ. Ct. NY; Acosta, J)

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