Credit: Adobe Stock Must a Notice of Default Instruct the Tenant 'How To Cure?' Reconciling a Dichotomy Under the Case Law
"At first blush, adding to the Chinatown test a requirement that the notice instruct the tenant "how to cure" might be viewed as a boon to tenants, because it imposes upon the landlord, as the drafter of the notice, an additional prerequisite to the notice's effectiveness. But in fact, such a requirement would substantially diminish the tenant's rights."
June 14, 2024 at 11:00 AM
14 minute read
The law abhors a forfeiture. Where a landlord invokes a lease provision entitling it to unilaterally prematurely end the term of the lease unless the tenant cures an alleged lease default within a prescribed time, the notice by which such right is exercised, referred to as a "notice of default" or "notice to cure," will be strictly construed against the landlord. Lake Anne Realty Corp. v. Sibley, 154 A.D.2d 349, 545 N.Y.S.2d 828 (2d Dept. 1989).
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