Termination Notice Was Defective

Landlord sued to evict tenant for creating a nuisance. Tenant claimed landlord's notice of termination was defective. Landlord's notice to cure, which was sent before the termination notice, cited specific isolated incidents of harassment and property damage between 1989 and 1992. Only two incidents had occurred in 1992. The only continuous course of conduct landlord claimed in the notice to cure was tenant's operation of an industrial-strength sewing machine. The court agreed that the termination notice was defective. Landlord's notice of termination needn't state additional instances of conduct after the cure period if an ongoing course of conduct is claimed. But, to show that a violation hasn't been cured when there's a claim of separate, isolated instances, the termination notice must state that more incidents occurred after the cure period. Since landlord didn't do that, he can't claim harassment and property damage now. Landlord's only claim can be continued use of the sewing machine.

Marquez v. Ramirez: NYLJ, p. 24, col. 2 (8/11/93) (Civ. Ct. Kings; Johnson, J)