Termination Notice Gave Contradictory Messages

June 30, 2002

LVT Number: 15914

Landlord sued to evict tenant for chronic nonpayment of rent after sending a termination notice. Tenant claimed that the termination notice was defective and asked the court to dismiss the case. The court ruled for tenant. Landlord's notice terminated the tenancy but demanded payment of back rent and didn't make clear when payment was to be made. The notice said that tenant had the option of avoiding eviction by paying the back rent owed. So the notice gave contradictory messages and was defective.

Landlord sued to evict tenant for chronic nonpayment of rent after sending a termination notice. Tenant claimed that the termination notice was defective and asked the court to dismiss the case. The court ruled for tenant. Landlord's notice terminated the tenancy but demanded payment of back rent and didn't make clear when payment was to be made. The notice said that tenant had the option of avoiding eviction by paying the back rent owed. So the notice gave contradictory messages and was defective.

320 W. 111th St. HDFC v. Lang: NYLJ, 6/19/02, p. 19, col. 3 (Civ. Ct. NY; Wendt, J)

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