Attempt to Deliver Rent Demand Was Insufficient

October 31, 2011

LVT Number: #23696

Landlord sued to evict tenant for nonpayment. Tenant claimed that landlord didn't properly deliver the rent demand before starting the eviction case. The court ruled for tenant. The affidavit of service stated that only one attempt was made to deliver the rent demand before leaving a copy on tenant's door at noontime on an unspecified day of the week. This was insufficient under Real Property Actions and Proceedings Law Sections 735 and 711(2). So the case must be dismissed.

Landlord sued to evict tenant for nonpayment. Tenant claimed that landlord didn't properly deliver the rent demand before starting the eviction case. The court ruled for tenant. The affidavit of service stated that only one attempt was made to deliver the rent demand before leaving a copy on tenant's door at noontime on an unspecified day of the week. This was insufficient under Real Property Actions and Proceedings Law Sections 735 and 711(2). So the case must be dismissed.

Frederick A. Brown Trust v. Carr: Index No. 229/11; NYLJ No. 1202519999672 (Town Ct. Westchester; 9/18/11; Quinn Koba, J)

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