Termination Notice Not Required for Ejectment Case

April 30, 2001

LVT Number: 14918

Landlord sued to eject illegal tenant from basement apartment that wasn't covered by the building's Certificate of Occupancy. Tenant claimed that a termination notice wasn't sent to him and that, therefore, the case should be dismissed. The court ruled against tenant. A termination notice wasn't required in an ejectment action, especially since tenant had stopped paying rent, and had already gotten notice that his tenancy was illegal and dangerous, and there was no possibility of a cure.

Landlord sued to eject illegal tenant from basement apartment that wasn't covered by the building's Certificate of Occupancy. Tenant claimed that a termination notice wasn't sent to him and that, therefore, the case should be dismissed. The court ruled against tenant. A termination notice wasn't required in an ejectment action, especially since tenant had stopped paying rent, and had already gotten notice that his tenancy was illegal and dangerous, and there was no possibility of a cure.

East 82 LLC v. Friedman: NYLJ, 4/18/01, p. 18, col. 5 (Sup. Ct. NY; Schoenfeld, J)

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