Landlord Didn't Comply with Rent Demand Rules

December 1, 2004

LVT Number: 17781

Landlord sued to evict tenant for nonpayment. Tenant claimed that landlord didn't send him a proper rent demand. The court ruled for tenant and dismissed the case. The lease required landlord to send a five-day written rent demand before starting a nonpayment case. Landlord presented no proof that he ever made a written demand. And the lease agreement took the place of the less stringent RPAPL requirement for a three-day written or oral demand.

Landlord sued to evict tenant for nonpayment. Tenant claimed that landlord didn't send him a proper rent demand. The court ruled for tenant and dismissed the case. The lease required landlord to send a five-day written rent demand before starting a nonpayment case. Landlord presented no proof that he ever made a written demand. And the lease agreement took the place of the less stringent RPAPL requirement for a three-day written or oral demand.

Harris v. Apolant: NYLJ, 11/9/04, p. 20, col. 3 (Dist. Ct. Nassau; Gross, J)

Topics

More like this