Tenant Notice Didn't Give Specific Facts

November 1, 1995

LVT Number: 10159

Landlord sued to evict EPTA-protected tenant for nuisance because tenant conducted a business in her apartment. Tenant claimed that landlord's notice was defective. The court ruled for tenant and dismissed the case. Landlord's notice didn't state any specific dates or times that the business was supposedly being conducted. Landlord's notice was therefore defective. It stated a conclusion without sufficiently notifying tenant of the facts upon which landlord based the termination notice.

Landlord sued to evict EPTA-protected tenant for nuisance because tenant conducted a business in her apartment. Tenant claimed that landlord's notice was defective. The court ruled for tenant and dismissed the case. Landlord's notice didn't state any specific dates or times that the business was supposedly being conducted. Landlord's notice was therefore defective. It stated a conclusion without sufficiently notifying tenant of the facts upon which landlord based the termination notice.

One Hillside Associates v. Almoncio: NYLJ, p. 30, col. 1 (10/12/95) (App. T. 2 Dept.; DiPaola, PJ, Stark, Luciano, JJ)

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