Notice to Cure Didn't State What Lease Provisions Were Violated

LVT Number: #28358

Landlord sued to evict tenant for creating a public nuisance. Landlord claimed that tenant smoked cigarettes inside his apartment and permitted secondhand smoke to enter into neighboring apartments. Landlord claimed that tenant's actions violated his lease. Tenant asked the court to dismiss the case, claiming that landlord didn't specify what lease provision was violated. The court ruled for tenant.

Landlord sued to evict tenant for creating a public nuisance. Landlord claimed that tenant smoked cigarettes inside his apartment and permitted secondhand smoke to enter into neighboring apartments. Landlord claimed that tenant's actions violated his lease. Tenant asked the court to dismiss the case, claiming that landlord didn't specify what lease provision was violated. The court ruled for tenant. Landlord's notice to cure was defective since it failed to accurately state the lease provisions landlord claimed were violated and failed to state its claims against tenant with sufficient specificity. 

Roosevelt Terr. Coop. Inc. v. Lotz, Index No. 70420/17, NYLJ, 3/28/18, p. 21, col. 2 (Civ. Ct. Queens; 3/13/18; Rodriguez, J)