Landlord Didn't Attach Rent Demand to Nonpayment Petition

October 31, 2008

LVT Number: #20820

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's petition was defective. Among other things, tenant pointed out that there was no copy of any rent demand attached to the court papers. The court ruled for tenant. The petition stated that a three-day rent demand had been delivered to tenant before the case was started. An affidavit of service of the rent demand was attached to the petition, but not the rent demand. Landlord also submitted no response to tenant's request to dismiss the case on this ground.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's petition was defective. Among other things, tenant pointed out that there was no copy of any rent demand attached to the court papers. The court ruled for tenant. The petition stated that a three-day rent demand had been delivered to tenant before the case was started. An affidavit of service of the rent demand was attached to the petition, but not the rent demand. Landlord also submitted no response to tenant's request to dismiss the case on this ground. Since there was no proof of the rent demand, the case was dismissed.

590 East Third Street Owners Corp. v. Hopkins: Index No. 3130-08, 2008 WL 4559918 (10/7/08) (City Ct. Mt. Vernon; Seiden, J)

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