Landlord Can Add Additional Rent Accruing Since Rent Demand to Court Petition

(Decision submitted by Adam Leitman Bailey of the Manhattan law firm of Adam Leitman Bailey, P.C., attorneys for the landlord.)

Landlord sued to evict tenant for nonpayment of rent. In its court petition, landlord added additional unpaid rent accrued since the issuance of landlord's rent demand to tenant. Tenant asked the court to dismiss the case, claiming that landlord's petition was defective because it sought rent not included in the rent demand. The court ruled against tenant. While tenant relied on a Civil Court decision supporting its position, landlord pointed out that there were other, contrary decisions and that it was common practice in the civil courts of New York State to add additional rent in the court petition that had accrued since the rent demand was served. The court agreed. Recovery of accruing rent didn't require a new rent demand. Landlord could proceed with the case.

1119 Lexington Associates LLC v. AT West 16th Street Enterprises, LTD: Index No. L&T074897/17 (Civ. Ct. NY; 2/20/18; Ramirez, J)