Five Additional Days Not Needed for Cure Notice

March 31, 2010

LVT Number: #22543

Landlord sued to evict tenant for altering her apartment in violation of her lease. Tenant claimed that insufficient time was given to cure and asked the court to dismiss the case. The court ruled against tenant. Landlord delivered a 10-day notice to cure to tenant’s apartment, and tenant’s granddaughter accepted the delivery on June 30. The notice told tenant to cure by July 13. Landlord also mailed copies to tenant. Tenant claimed that, in a prior case, New York’s highest court required landlords to add five days to cure notices sent by mail.

Landlord sued to evict tenant for altering her apartment in violation of her lease. Tenant claimed that insufficient time was given to cure and asked the court to dismiss the case. The court ruled against tenant. Landlord delivered a 10-day notice to cure to tenant’s apartment, and tenant’s granddaughter accepted the delivery on June 30. The notice told tenant to cure by July 13. Landlord also mailed copies to tenant. Tenant claimed that, in a prior case, New York’s highest court required landlords to add five days to cure notices sent by mail. But in that case, the cure notice was delivered by mail only. In this case, the notice was delivered directly by substituted service and gave tenant more than 10 days to cure.

Felix Dekalb LLC v. Crespo: NYLJ, 3/3/10, p. 27, col. 1 (Civ. Ct. Kings; Ofshtein, J)

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