Landlord Sent Defective Notices

September 12, 2012

Landlord sued to evict tenant for subletting his apartment without landlord's prior written approval. Tenant asked the court to dismiss the case. He claimed that the notice to cure and termination notice sent by landlord failed to inform him of the reason for landlord's claim. The court ruled for tenant and dismissed the case. Landlord's notices stated only that tenant was in default for unauthorized subletting and listed the lease provisions that tenant violated.

Landlord sued to evict tenant for subletting his apartment without landlord's prior written approval. Tenant asked the court to dismiss the case. He claimed that the notice to cure and termination notice sent by landlord failed to inform him of the reason for landlord's claim. The court ruled for tenant and dismissed the case. Landlord's notices stated only that tenant was in default for unauthorized subletting and listed the lease provisions that tenant violated. But the notices didn't state any facts, so tenant couldn't be expected to know what conduct violated the lease and whether it could be cured.

  • Shore Lane Arms Owners Corp. v. Mazza: NYLJ, 2/24/10, p. 27, col. 1 (Civ. Ct. Kings)

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