Notice to Cure Not Required in Chronic Nonpayment Case

July 31, 2002

LVT Number: 15981

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord documented its claim and asked the court to rule in its favor without a trial. The court ruled for landlord and tenant appealed. Tenant argued, for the first time, that landlord should have sent tenant a notice to cure before starting the eviction case. The appeals court ruled against tenant. Even if tenant was allowed to raise an issue he hadn't raised before the lower court, he would lose. No cure notice is required in a chronic nonpayment case. Tenant couldn't cure a past pattern of nonpayment.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord documented its claim and asked the court to rule in its favor without a trial. The court ruled for landlord and tenant appealed. Tenant argued, for the first time, that landlord should have sent tenant a notice to cure before starting the eviction case. The appeals court ruled against tenant. Even if tenant was allowed to raise an issue he hadn't raised before the lower court, he would lose. No cure notice is required in a chronic nonpayment case. Tenant couldn't cure a past pattern of nonpayment.

Century Apts. Assocs. v. Kleinman: NYLJ, 7/23/02, p. 18, col. 1 (App. T.1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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