Landlord Didn't Give Tenant 10-Day Cure Period

August 31, 2007

LVT Number: #19853

Landlord sued to evict tenant for violating her lease by making apartment alterations without landlord's consent. Landlord claimed that tenant replaced kitchen appliances, a drain pipe, and kitchen cabinets. Tenant asked the court to dismiss the case, claiming that she didn't get enough time to cure the lease violations. Three days after receiving a 10-day notice to cure by returning the apartment to its prior condition, tenant received a temporary restraining order from the court, which stopped tenant from taking any action. The court ruled for tenant.

Landlord sued to evict tenant for violating her lease by making apartment alterations without landlord's consent. Landlord claimed that tenant replaced kitchen appliances, a drain pipe, and kitchen cabinets. Tenant asked the court to dismiss the case, claiming that she didn't get enough time to cure the lease violations. Three days after receiving a 10-day notice to cure by returning the apartment to its prior condition, tenant received a temporary restraining order from the court, which stopped tenant from taking any action. The court ruled for tenant. Rent Stabilization Code Section 2524.3 requires landlord to give tenant a 10-day notice to cure claimed lease violations. Since tenant wasn't given 10 days to cure, the case must be dismissed.

Nunz Equities East LLC v. Mangan: NYLJ, 8/29/07, p. 28, col. 3 (Civ. Ct. NY; Cohen, J)

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