Termination Notice Defective

LVT Number: 8962

Landlord sued to evict rent-controlled tenant for nuisance. Tenant asked the court to dismiss the case, claiming the termination notice was defective because it was vague and didn't include specific facts. The notice stated that police complaints had been filed for drug trafficking in the apartment, and that landlord got many complaints of yelling and screaming at all hours. The court ruled for tenant. The notice wasn't specific enough. It contained no facts---only allegations.

Landlord sued to evict rent-controlled tenant for nuisance. Tenant asked the court to dismiss the case, claiming the termination notice was defective because it was vague and didn't include specific facts. The notice stated that police complaints had been filed for drug trafficking in the apartment, and that landlord got many complaints of yelling and screaming at all hours. The court ruled for tenant. The notice wasn't specific enough. It contained no facts---only allegations.

Bastidas v. Lugo: NYLJ, p. 29, col. 6 (7/13/94) (Civ. Ct. Kings; Martino, J)