Termination Notice Didn't Sufficiently Explain How Tenant Failed to Cure Conditions

LVT Number: #33014

Landlord sued to evict rent-stabilized tenant for breach of lease and creating a nuisance. The court granted tenant's request to dismiss the case. Landlord sent tenant a Notice of Termination dated two days after the cure period set forth in landlord's Notice to Cure had expired. The Termination Notice stated only that the conditions claimed in the cure notice continued to exist to date. So the Termination Notice didn't meet the reasonableness standard for the sufficiency of a termination notice.

Landlord sued to evict rent-stabilized tenant for breach of lease and creating a nuisance. The court granted tenant's request to dismiss the case. Landlord sent tenant a Notice of Termination dated two days after the cure period set forth in landlord's Notice to Cure had expired. The Termination Notice stated only that the conditions claimed in the cure notice continued to exist to date. So the Termination Notice didn't meet the reasonableness standard for the sufficiency of a termination notice. Landlord was required to gather information establishing tenant's failure to cure the conditions claimed in the cure notice. Not including that information in the Termination Notice was a fatal defect and required dismissal of the case.

MCK Hoffman Realty LLC v. Gracia: Index No. 302766/2023, 2023 NY Slip Op 34111(U), NYLJ No. 1701078456 (Civ. Ct. Bronx; 8/10/23; Ibrahim, J)