Termination Notice Not Specific Enough

February 1, 1995

LVT Number: 9439

Landlord sued to evict tenant for nuisance, claiming that tenant's dog bothered other tenants at all hours of the day and night; that it roamed the halls unleashed, frightening other tenants; and that it had been urinating and defecating inside the building. Tenant asked the court to dismiss the case, arguing that the petition was defective because it didn't specify when the alleged nuisances occurred. The court ruled for tenant. Landlord's petition in a nuisance case must give tenant enough information so that he can defend himself.

Landlord sued to evict tenant for nuisance, claiming that tenant's dog bothered other tenants at all hours of the day and night; that it roamed the halls unleashed, frightening other tenants; and that it had been urinating and defecating inside the building. Tenant asked the court to dismiss the case, arguing that the petition was defective because it didn't specify when the alleged nuisances occurred. The court ruled for tenant. Landlord's petition in a nuisance case must give tenant enough information so that he can defend himself. In this case, landlord didn't tell tenant at what hours of the day or night the dog had barked and disturbed others, or how long these disturbances had been going on. Also, landlord can't amend the petition to correct this defect.

Lewis Morris Associates v. Perez: NYLJ, p. 30, col. 4 (1/11/95) (Civ. Ct. Bronx; Fiorella, J)

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