Termination Notice Not Specific Enough
LVT Number: 15285
Landlord sued to evict tenant for making apartment alterations in violation of tenant's lease. Tenant asked the court to dismiss the case, claiming that landlord's notice to cure and termination notice weren't specific enough. The court ruled for tenant. Landlord's notices stated that tenant breached his lease by removing and destroying the refrigerator, stove, kitchen sink, kitchen cabinets, and bathroom door, and by installing a washing machine. But this didn't give tenant enough information to prepare a defense to the eviction case. Landlord provided more specific details in later court papers. For example, landlord stated that tenant installed new plumbing and drain lines to her washing machine, which caused severe leaks to apartments below hers. These statements were made too late. Landlord could start the case over with more specific notices.
Sansue Realty Corp. v. Gonzalez: NYLJ, 9/12/01, p. 21, col. 5 (Civ. Ct. Kings; Thomas, J)