Notice to Cure Didn't Give Tenant Enough Time

February 1, 2001

LVT Number: 14765

Landlord sued to evict tenant after sending tenant a 10-day notice to cure. Tenant claimed that landlord didn't actually give him 10 days to cure and so the case should be dismissed. Landlord claimed that the cure notice should be deemed delivered on the day it was mailed. Tenant claimed that it wasn't delivered until he signed the post office return receipt. The court ruled for tenant and dismissed the case. The court applied the general legal rule that a party gets five extra days beyond the required response date to respond to papers that are delivered by mail.

Landlord sued to evict tenant after sending tenant a 10-day notice to cure. Tenant claimed that landlord didn't actually give him 10 days to cure and so the case should be dismissed. Landlord claimed that the cure notice should be deemed delivered on the day it was mailed. Tenant claimed that it wasn't delivered until he signed the post office return receipt. The court ruled for tenant and dismissed the case. The court applied the general legal rule that a party gets five extra days beyond the required response date to respond to papers that are delivered by mail. So tenant should have been given 15 days from the date of mailing to comply with a 10-day cure notice.

ATM One LLC v. Landaverde: NYLJ, 1/10/01, p. 32, col. 1 (Dist. Ct. Nassau; Janowitz, J)

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