Landlord's Notices Reasonably Described Grounds for Nuisance Claim

LVT Number: #29780

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated the building's no-pet policy, failed to provide access for repairs, and created a nuisance. Tenant asked the court to dismiss the case, claiming that landlord's termination notice was insufficient. The court ruled for tenant in part, but didn't dismiss the case. The court found that the portion of the termination notice claiming failure to provide access was fatally defective. But the notice to cure wasn't ambiguous, and pet violation and nuisance claims were reasonable.

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated the building's no-pet policy, failed to provide access for repairs, and created a nuisance. Tenant asked the court to dismiss the case, claiming that landlord's termination notice was insufficient. The court ruled for tenant in part, but didn't dismiss the case. The court found that the portion of the termination notice claiming failure to provide access was fatally defective. But the notice to cure wasn't ambiguous, and pet violation and nuisance claims were reasonable. Landlord's notice stated that tenant permitted unsafe and unsanitary conditions based on accumulation of newspapers, clothing, bikes, furnishings, boxes, refuse, papers, garbage, and other debris that obstructed passage through the apartment and windows, attracted vermin, and constituted a fire hazard. 

1123 Realty LLC v. Treanor: 2018 NY Slip Op 28314 (Civ. Ct. Kings; 10/5/18; Wang, J)