Landlord's Predicate Notices Were Defective
LVT Number: #31397
Landlord sued to evict tenant for nuisance and for violating his lease by illegally subletting his apartment for short-term rentals at excessive rates and without landlord's knowledge or consent. Landlord also noted it had received DOB violations resulting from tenant's unlawful use of the apartment for Airbnb rentals. Tenant asked the court to dismiss the case, claiming that landlord's papers failed to state a cause of action for nuisance and that the termination notice failed to state a claim for unlawful occupancy.
The court ruled for tenant. There were no allegations in landlord's notice or petition that tenant advertised the apartment for short-term rental. The allegations tracked statutory language without facts describing what observations or conversations led building staff to conclude tenant operated the apartment for short-term rentals. Landlord's papers contained no specific facts describing any continuing or recurring course of conduct.
Broadhurst Willows Apts LLC v. Wooten: 2021 NY Slip Op 50335(U), NYLJ No. 1618946850 (Civ. Ct. NY; 4/12/21; Sikowitz, J)