Termination Notice Must Specify Incidents After Notice to Cure Deadline

February 1, 1995

LVT Number: 9484

Landlord sued to evict tenant for nuisance, claiming that tenant had physically attacked other tenants on numerous occasions. Tenant argued that the termination notice was defective because it didn't specify any incidents occurring after the notice to cure deadline had passed. Landlord claimed that it didn't have to specify any new instances because tenant hadn't corrected the behavior before the termination notice was served. The court ruled for tenant, and dismissed the case. The purpose of the notice to cure is to give tenant a chance to correct the problem without being evicted.

Landlord sued to evict tenant for nuisance, claiming that tenant had physically attacked other tenants on numerous occasions. Tenant argued that the termination notice was defective because it didn't specify any incidents occurring after the notice to cure deadline had passed. Landlord claimed that it didn't have to specify any new instances because tenant hadn't corrected the behavior before the termination notice was served. The court ruled for tenant, and dismissed the case. The purpose of the notice to cure is to give tenant a chance to correct the problem without being evicted. In this case, landlord didn't specify that tenant's assaultive behavior had continued after the notice to cure deadline.

Hew-Burg Realty v. Mocerino: NYLJ, p. 31, col. 3 (1/4/95) (Civ. Ct. Kings; Gould, J)

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