Errors in Rent Demand Result in Dismissal of Nonpayment Proceeding

October 27, 2024

LVT Number: #33419

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because the rent demand was defective. The court agreed. The rent demand incorrectly claimed that rent began to accrue in May 2022 and inaccurately sought full rent for the month of July 2023, despite proof in the rent history that landlord had accepted payment for that month. Landlord in turn had asked the court to deny tenant's motion because tenant gave landlord seven days' notice of the motion rather than the eight days required under CPLR Section 2001.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because the rent demand was defective. The court agreed. The rent demand incorrectly claimed that rent began to accrue in May 2022 and inaccurately sought full rent for the month of July 2023, despite proof in the rent history that landlord had accepted payment for that month. Landlord in turn had asked the court to deny tenant's motion because tenant gave landlord seven days' notice of the motion rather than the eight days required under CPLR Section 2001. But the court ruled that this should be overlooked since landlord couldn't show that it was prejudiced by this defect.

Bella & Sons Realty LLC v. Polanco: Index No. LT-331365-23, NYLJ No. 1725410950 (Civ. Ct. Bronx; 8/19/24; Tovar, J)

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