Landlord's Notice of Lease Violation and Nuisance Was Vague and Defective

Landlord sued to evict rent-stabilized tenant, claiming that tenant's conduct interfered with the health, safety, comfort, and/or quiet enjoyment of other building occupants. Landlord said this violated substantial obligations of the tenancy and created a nuisance. Tenant asked the court to dismiss the case, claiming that landlord's predicate notice was defective and unclear. Landlord had sent tenant a combined 10-day notice to cure and notice of termination of tenancy before starting the eviction case.

The court ruled for tenant. Landlord stated five reasons for its nuisance claim in the notice, but there were no facts stated in support of claims that tenant failed to provide access for inspection, smoked and obstructed the hallways, kept a dog in the apartment that was a nuisance to others, had unauthorized occupants in his apartment that caused overcrowding, and illegally used the roof. Landlord didn't point out what paragraphs of tenant's occupancy agreement were violated. The notice was too vague and conclusory. Combining the notice to cure and termination notice also was improper. A termination notice issued before expiration of the cure period, without verification of whether tenant has cured, was premature and fatally defective. 

B&K 236 LLC v. DiPremzio: Index No. L&T042312/17, 2018 WL 6844324 (Civ. Ct. NY; 12/13/18; Black, J)