Eviction Proceeding Dismissed Due to Landlord's Defective Rent Demand

December 25, 2018

LVT Number: #29819

Landlord sued to evict tenant for nonpayment of rent after sending tenant a written rent demand. The court dismissed the case because the rent demand was defective. Real Property Actions and Proceedings Law Section 711(2) required a written rent demand to include alternative language demanding either payment of back rent or possession of the apartment. Landlord's rent demand sought payment but didn't demand possession of the premises. The demand also didn't warn tenant that a court case seeking possession would be commenced if tenant didn't pay the back rent demanded.

Landlord sued to evict tenant for nonpayment of rent after sending tenant a written rent demand. The court dismissed the case because the rent demand was defective. Real Property Actions and Proceedings Law Section 711(2) required a written rent demand to include alternative language demanding either payment of back rent or possession of the apartment. Landlord's rent demand sought payment but didn't demand possession of the premises. The demand also didn't warn tenant that a court case seeking possession would be commenced if tenant didn't pay the back rent demanded. Landlord could start over, using a correct rent demand form. Or landlord could seek outstanding rent arrears in a separate holdover case it had started against tenant.

Reppucci v. Nika: Index No. 2360/2018, NYLJ No. 1541380440 (Civ. Ct. Bronx; 10/30/18; Lach, J)

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