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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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If a landlord puts in his predicate documents (i.e. Notice

Customer Question

If a landlord puts in his predicate documents (i.e. Notice to Terminate) the wrong termination period as it contradicts the lease (i.e. states ' lease shall terminate 10 days from notice date') but actual notice served states "such termination date being at least five (5) days from date of notice. is this
a) an incurable defect
b) if respondent doesn't raise it as a defense but court is aware of it must it dismiss for lack of jurisdiction.
Also need the decisional law that speaks to service time given in notices (e,g, notice says 10 days from notice date but is there additional time for mailing.
please cite specific statutes applicable.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.What state is this in?
Customer: replied 2 years ago.

ny, Westchester county

Expert:  Ely replied 2 years ago.
Thank you. I am going to opt out and open this up for other experts. My apologies, and good luck.