Termination Notice Didn't Properly Make Claims for Illegally Subletting

Landlord sued to evict HUD Section 8 tenant after sending a 10-day termination notice based on material noncompliance with tenant’s lease. Landlord claimed that tenant had assigned or sublet the apartment without landlord’s permission, as well as creation of a nuisance by the occupants. Tenant claimed that landlord’s termination notice was defective and asked the court to dismiss the case. The court ruled for tenant. Landlord’s termination notice contained broad claims of antisocial and destructive behavior that were too conclusory. Landlord failed to state a cause of action for either illegal assignment or sublet because landlord didn’t claim that tenant entered into such an agreement without intent to return. Landlord’s notice stated only that tenant gave unauthorized occupants permission to live with him.

Concourse Green Associates, LP v. Patterson: 53 Misc.3d 1206(A), 2016 NY Slip Op 51451(U) (Civ. Ct. Bronx; 10/7/16; Lutwak, J)