Landlord's Defective Notices Resulted in Dismissal of Illegal Sublet Case

Landlord sued to evict tenant for illegal subletting and overcrowding. Tenant asked the court to dismiss the case, claiming that landlord's notice to cure and termination notice were fatally defective. The court ruled for tenant and dismissed the case without prejudice. Landlord's 10-day notice to cure stated that: (1) tenant had sublet the apartment without permission; (2) there were 10 people occupying the apartment, making it overcrowded; (3) tenant refused access to landlord to repair a leak into the apartment below; and (4) tenant, his family members, and apartment occupants had threatened building employees. Landlord's 10-day termination notice repeated landlord's claims.

However, the notices failed to state the specific dates landlord tried to gain access or how it attempted to gain access. The notices also failed to list when the claimed incidents took place. Without more, landlord's allegations were insufficient to give tenant enough information about landlord's claim to permit tenant to prepare a defense. Landlord could start over with more specific notices.

117-119 West 15th Street LLC v. Mayes: Index No. 302033/21, NYLJ No. 1673634458 (Civ. Ct. Queens; 8/3/22; Ressos, J)