Tenancy Termination Notice Was Insufficient to Support Lease Violation Claim
LVT Number: #33547
Landlord sued to evict tenant for breach of his lease, based on claims of unlawful use of his apartment and objectionable conduct. Landlord had sent tenant a predicate termination notice stating that on a specific date in 2023, tenant was involved in a "drug related police raid in which the police came into the building and arrested you, after breaking in your apartment door."Tenant asked the court to dismiss the case, claiming landlord's notice was insufficient.
The court ruled against tenant, who appealed and won. Landlord's notice was insufficient to serve as a predicate for the holdover proceeding since it failed to set forth case-specific allegations tending to support landlord's claim with sufficient detail to have allowed tenant to prepare a defense. There was only one conclusory allegation concerning tenant's "drug related" arrest. This wasn't sufficient to support landlord's claim that the apartment was used to facilitate illegal drug trade or the claim that tenant engaged in a pattern of objectionable conduct that interfered with the rights of others in the building.
Prospero Hall LP v. Paulino: Index No. 570585/24, 2025 NY Slip Op 50082(U)(App. T. 1 Dept.; 1/27/25; Hagler, PJ, Brigantti, Tisch, JJ)