Landlord's Notice to Cure Was Defective

November 27, 2018

LVT Number: #29767

Landlord sued to evict rent-stabilized tenant for breaching his lease by overcrowding the apartment and for creating excessive noise. The court dismissed the case. Landlord's notice to cure didn't refer to any paragraphs in tenant's lease that showed a breach. Landlord's notice to tenant also was confusing and vague, and didn't advise tenant what must be done to cure the claimed lease violations. Defective predicate notices can't be amended after a case is started. Landlord could commence a new proceeding based on proper notices.

Landlord sued to evict rent-stabilized tenant for breaching his lease by overcrowding the apartment and for creating excessive noise. The court dismissed the case. Landlord's notice to cure didn't refer to any paragraphs in tenant's lease that showed a breach. Landlord's notice to tenant also was confusing and vague, and didn't advise tenant what must be done to cure the claimed lease violations. Defective predicate notices can't be amended after a case is started. Landlord could commence a new proceeding based on proper notices.

88-35 162nd St. LLC v. Charlot: Index No. 62574/18, NYLJ No. 1538479606 (Civ. Ct. Queens; 9/21/18; Kullas, J)

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