Landlord's Termination Notice Was Too Vague

LVT Number: #27015

Landlord sued to evict rent-controlled tenant for nonprimary residence. Landlord asked the court for permission to conduct pre-trial questioning. Tenant asked the court to dismiss the case, claiming that landlord’s termination notice was defective. The court ruled for tenant. Landlord’s termination notice stated the New Jersey address where landlord claimed that tenant lived. But the notice otherwise was too vague.

Landlord sued to evict rent-controlled tenant for nonprimary residence. Landlord asked the court for permission to conduct pre-trial questioning. Tenant asked the court to dismiss the case, claiming that landlord’s termination notice was defective. The court ruled for tenant. Landlord’s termination notice stated the New Jersey address where landlord claimed that tenant lived. But the notice otherwise was too vague. It stated that tenant didn't occupy the apartment, tenant hadn't spent 183 days in the past year residing in the apartment, building personnel hadn't seen tenant at the building, and tenant allowed his brother to live in the apartment. Landlord’s notice didn’t inform tenant in a meaningful way of any facts underlying landlord’s claim. 

 

 

325 Third Avenue LLC v. Vargas: 2016 NY Slip Op 26150, 2016 WL 2727411 (Civ. Ct. NY; 5/10/16; Weisberg, J)