Termination Notice Didn't State That Tenant Didn't Cure Defaults

February 13, 2017

LVT Number: #27484

Landlord sued to evict tenant, claiming that tenant had breached a substantial obligation of her tenancy, had permitted a nuisance in her apartment, and had denied landlord access to make necessary repairs. The court granted tenant’s request to dismiss the case because landlord’s termination notice was defective. Landlord appealed and lost. Landlord had sent tenant a notice to cure the claimed defaults and then sent a termination notice. The termination notice didn’t state that tenant had failed to cure the claimed defaults set forth in the notice to cure.

Landlord sued to evict tenant, claiming that tenant had breached a substantial obligation of her tenancy, had permitted a nuisance in her apartment, and had denied landlord access to make necessary repairs. The court granted tenant’s request to dismiss the case because landlord’s termination notice was defective. Landlord appealed and lost. Landlord had sent tenant a notice to cure the claimed defaults and then sent a termination notice. The termination notice didn’t state that tenant had failed to cure the claimed defaults set forth in the notice to cure. A termination notice that fails to set forth the facts upon which landlord relies for eviction is defective. And landlord failed to allege that the defaults specified in the cure notice hadn’t been cured.

 

 

 

31-67 Astoria Corp. v. Landaira: 54 Misc.3d 131(A), 2017 NY Slip Op 50034(U) (App. T. 2 Dept.; 1/5/17; Pesce, PJ, Solomon, Elliot, JJ)

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