Posted by Ed on October 03, 2000 at 10:52:31:
In Reply to: Re: Notice to Cure, Termination of Lease, Harassment posted by Mark Smith on October 02, 2000 at 19:31:11:
The second notice of termination was served this past weekend. I can't imagine what they are trying to do. They've sent two vague "Notice[s] To Cure" and both times we've responded asking exactly what they wanted us to do. As they never responded to our request (sent via certified mail) I don't see where they could have much of a case for a holdover -- at the very least I think we should be entitled to know the exact nature of the alleged nuicance and given the opportunity to correct. How they determined we failed to comply with the notice to cure is also a mystery since they have not visited (or made any attempt to visit my apartment) since it was served.
What I'm wondering is if this is a trick. If they refuse to accept rent during this proceeding and subsequently lose their holdover case, are we obligated to pay rent for the period from "Notice of Termination" through the Ruling by the Court? I'm guessing that the whole process might take months and (if we're required to eventually pay for all those months) the landlord is hoping we'll have spent the money and then try and bring a non-payment suit against us.
: When was the second notice of termination served and what was the termination date in the second notice?
: The landlord can accept rent through the termination date, even after the notice of termination has been served.
: However, the landlord can't accept rent after the termination date and before the holdover proceeding in housing court is commenced.
: : In mid-January of this year I received a Notice to Cure from my landlord (NYC – 200+ unit building, rent stabilized) saying that I was creating a nuisance by allowing debris to accumulate in my apartment. This charge mystified me and I sent (via certified mail) a letter asking them to explain. They did not respond until they sent me a notice saying my lease was terminated as of April 15th. I had an attorney write a letter pointed out that they had failed to answer my response to their notice to cure. April 15th comes and the Super shows up at 9:00 a.m. with painters to “redo the apartment.” Having received no notice that they wished to paint and not wanting the apartment painted I refused to let them in.
: : After initially returning my checks saying a holdover proceeding had been filed, the landlord resumed cashing them. Then in July, I received a second notice to cure citing the same alleged “debris” that the landlord had failed to define since January and refusing access to building staff (apparently the “painting” incident).
: : I again responded (via certified mail) to their notice to cure asking for additional information (which they again failed to answer. September 1st, they returned my rent check saying a holdover proceeding had been started. In fact, there is no record of a holdover proceeding. I’ve just received a second Notice of Termination of my lease.
: : How long can this harassment continue? What is the best way to approach this matter?
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