Termination Notice Didn't Specify Illegal Activity

December 16, 2013

LVT Number: #25219

Landlord sued to evict tenant for using her apartment for illegal or immoral purposes. The court granted tenant's request to dismiss the case without a trial. Landlord started the case after the police made arrests in the apartment in October 2012. But landlord's notice didn't state sufficient facts to support its claim. There was no documentation of the arrest, prosecution, or description of the claimed illegal activity or who was arrested. Landlord claimed that only tenant knew why the arrests were made on the date in question.

Landlord sued to evict tenant for using her apartment for illegal or immoral purposes. The court granted tenant's request to dismiss the case without a trial. Landlord started the case after the police made arrests in the apartment in October 2012. But landlord's notice didn't state sufficient facts to support its claim. There was no documentation of the arrest, prosecution, or description of the claimed illegal activity or who was arrested. Landlord claimed that only tenant knew why the arrests were made on the date in question. But it was landlord's responsibility to obtain information before starting a case against tenant. An arrest, by itself, didn't prove illegal activity.

436-438 Associates v. Alvardo: Index No. L&T 70350/2013, NYLJ No. 1202627012800 (Civ. Ct. NY; 11/13/13; Wendt, J)

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