Landlord Didn't Serve Notice to Cure

LVT Number: 9442

Landlord sued to evict rent-stabilized tenants for paying their security deposit with a check that bounced. Landlord argued that this payment was a criminal act that ended the tenancy. The trial court dismissed the case, ruling that landlord should have given tenants a notice to cure before trying to evict them. Landlord appealed, and the appeals court also ruled for tenants. Landlord can't evict tenants without a notice to cure unless it proves that it has suffered a serious and substantial injury as a result of tenants' bounced check.

Landlord sued to evict rent-stabilized tenants for paying their security deposit with a check that bounced. Landlord argued that this payment was a criminal act that ended the tenancy. The trial court dismissed the case, ruling that landlord should have given tenants a notice to cure before trying to evict them. Landlord appealed, and the appeals court also ruled for tenants. Landlord can't evict tenants without a notice to cure unless it proves that it has suffered a serious and substantial injury as a result of tenants' bounced check.

Maclen Trade Industrial Corp. v. Sacks: NYLJ, p. 25, col. 1 (1/20/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)