Termination Notice Fatally Defective

Landlord sued to evict tenant for violating his lease. Tenant claimed that landlord's notices were defective for a number of reasons and asked the court to dismiss the case. The court ruled for tenant. First, the cure notice and termination notice were signed by landlord's attorney instead of by landlord, with no written authorization attached to the notices. Second, the cure notice failed to state which lease provision landlord claimed that tenant's conduct violated. Landlord claimed that it was obvious which lease clause he was claiming was violated, but the law requires landlord to specify. Third, landlord failed to add five days to his 10-day cure notice to allow for mailing. And finally, the termination date stated on the termination notice was illegible. So tenant wasn't clearly notified of when his tenancy was being terminated.

Williamsen v. Bugay: NYLJ, 5/13/09, pg. 28, col. 3 (Civ. Ct. Kings; Scheckowitz, J)