Case Dismissed for Defective Rent Demand

August 31, 2011

LVT Number: #23607

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to a judgment for $9,000 through November 2010. Tenant later asked the court to vacate the agreement and dismiss the case because he didn't owe the sums agreed to. The court ruled for tenant, who showed that a lease rider stated he would be charged $263 for the lease term and landlord would pay the first six months of rent. DSS records also stated that the agency paid a shelter allowance for tenant to landlord.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to a judgment for $9,000 through November 2010. Tenant later asked the court to vacate the agreement and dismiss the case because he didn't owe the sums agreed to. The court ruled for tenant, who showed that a lease rider stated he would be charged $263 for the lease term and landlord would pay the first six months of rent. DSS records also stated that the agency paid a shelter allowance for tenant to landlord. The rent demand failed to acknowledge the lease rider or to reflect a credit for DSS payments. The court dismissed the case.

Cypress Court Associates v. McLauren: Index No. 96089/2010, NYLJ No. 1202511947314 (Civ. Ct. Kings; 8/10/11; Milin, J)

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