Termination Notice Not Specific Enough

September 30, 2004

LVT Number: 17647

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord's termination didn't specifically state the facts upon which the lease was terminated. The court ruled for tenant. The termination notice didn't state whether tenant or tenant's roommate caused the acts of nuisance. And it wasn't clear from the notice whether the claimed wrongful acts happened on a single occasion or over a period of time. Tenant also claimed that landlord should have sent a notice to cure before terminating his tenancy.

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord's termination didn't specifically state the facts upon which the lease was terminated. The court ruled for tenant. The termination notice didn't state whether tenant or tenant's roommate caused the acts of nuisance. And it wasn't clear from the notice whether the claimed wrongful acts happened on a single occasion or over a period of time. Tenant also claimed that landlord should have sent a notice to cure before terminating his tenancy. But no cure notice was required under tenant's lease.

1117 Park Slope Corp. v. Cook: NYLJ, 9/8/04, p. 18, col. 1 (Civ. Ct. Kings; Rodriguez, J)

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