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Posted by Eduard on October 02, 2000 at 13:02:35:

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?

Follow Ups:

• Re: Notice to Cure, Termination of Lease, Harassment Mark Smith 10/02/00 (3)
  • Re: Notice to Cure, Termination of Lease, Harassment Ed 10/03/00 (1)
    • Re: Notice to Cure, Termination of Lease, Harassment Mark Smith 10/03/00 (0)
  • Re: Notice to Cure, Termination of Lease, Harassment Ed 10/03/00 (1)
    • Re: Notice to Cure, Termination of Lease, Harassment Mark Smith 10/03/00 (0)

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: 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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