Tenant's Conduct Didn't Amount to Nuisance

June 7, 2012

LVT Number: #24122

After delivering a 10-day lease termination notice, landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant didn't follow instructions from landlord to prepare the apartment for bedbug removal and later refused access to the apartment. The court granted tenant's request to dismiss the case. Landlord's termination notice was defective because it was vague and conclusory. Landlord didn't describe what preparations were required, what instructions tenant supposedly didn't follow, and how those instructions were delivered.

After delivering a 10-day lease termination notice, landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant didn't follow instructions from landlord to prepare the apartment for bedbug removal and later refused access to the apartment. The court granted tenant's request to dismiss the case. Landlord's termination notice was defective because it was vague and conclusory. Landlord didn't describe what preparations were required, what instructions tenant supposedly didn't follow, and how those instructions were delivered. In any event, tenant's actions didn't rise to the level of nuisance behavior.

Dupree v. Carson: Index No. 110455/2011, NYLJ No. 1202552650631 (Civ. Ct. Kings; 4/24/12; Sikowitz, J)

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