Landlord Can't Split Rent Due to Qualify for Small Claims Court

March 1, 1998

LVT Number: 12201

Landlord sued tenant in small claims court to recover unpaid rent for the months of October 1996, November 1996, and April 1997, totaling $1,815. The court ruled for landlord. Landlord later sued tenant again in small claims court to recover $2,250, representing unpaid rent due for the months of December 1996 and January, February, May, and June 1997. Tenant moved out in April 1997. The court ruled against landlord. Landlord had split the amount of his total claim against tenant to qualify for relief in small claims court. This wasn't permitted.

Landlord sued tenant in small claims court to recover unpaid rent for the months of October 1996, November 1996, and April 1997, totaling $1,815. The court ruled for landlord. Landlord later sued tenant again in small claims court to recover $2,250, representing unpaid rent due for the months of December 1996 and January, February, May, and June 1997. Tenant moved out in April 1997. The court ruled against landlord. Landlord had split the amount of his total claim against tenant to qualify for relief in small claims court. This wasn't permitted.

Jerome v. Famby: NYLJ, p. 32, col. 2 (2/4/98) (City Ct. Mt. Vernon; Seiden, J)

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