Amount of Rent Due Landlord Increased

July 31, 1999

LVT Number: 13421

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and ordered tenant to pay one month's rent. Landlord appealed, claiming that the amount awarded by the court was incorrect. The appeals court ruled for landlord, in part. When checks or money orders are earmarked for payment of rent for specific months, landlord must apply accepted payments as indicated. Since there was no proof that a payment from tenant was earmarked for the July 1998 rent, the amount of the back rent awarded to landlord should be increased to two months' rent.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and ordered tenant to pay one month's rent. Landlord appealed, claiming that the amount awarded by the court was incorrect. The appeals court ruled for landlord, in part. When checks or money orders are earmarked for payment of rent for specific months, landlord must apply accepted payments as indicated. Since there was no proof that a payment from tenant was earmarked for the July 1998 rent, the amount of the back rent awarded to landlord should be increased to two months' rent.

Foothill Terrace Assocs. v. Shannon: NYLJ, p. 29, col. 1 (7/20/99) (App. T.2 Dept.; Kassoff, PJ, Scholnick, Chetta, JJ)

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