Insufficient Proof Rent Demand Sent

December 1, 2005

LVT Number: 18539

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord hadn't delivered a rent demand before starting the case. The court ruled for landlord. Tenant appealed and won. Landlord's petition didn't state whether a verbal or a written rent demand was issued. The only proof of delivery of a written demand was an affidavit of service submitted by landlord. Since tenant disputed delivery, the court should have held a hearing and taken testimony on this issue. The case was dismissed.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord hadn't delivered a rent demand before starting the case. The court ruled for landlord. Tenant appealed and won. Landlord's petition didn't state whether a verbal or a written rent demand was issued. The only proof of delivery of a written demand was an affidavit of service submitted by landlord. Since tenant disputed delivery, the court should have held a hearing and taken testimony on this issue. The case was dismissed. Since tenant had now moved out of the apartment, landlord would have to sue for back rent in a noneviction case.

Bham v. Wilson: NYLJ, 11/28/05, p. 34, col. 1 (App. T. 2 Dept.; Rudolph, PJ, Angiolillo, McCabe, JJ)

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