Landlord Made Oral Rent Demand

April 9, 2007

LVT Number: 19440

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. She claimed that landlord never sent a rent demand before starting the court case. The court ruled for landlord and found that tenant owed landlord $400. Tenant appealed and lost. Landlord testified at trial that he had made an oral demand for back rent owed before sending the court papers. The lower court believed landlord. Landlord is permitted to make an oral rent demand instead of a written one before commencing a nonpayment proceeding.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. She claimed that landlord never sent a rent demand before starting the court case. The court ruled for landlord and found that tenant owed landlord $400. Tenant appealed and lost. Landlord testified at trial that he had made an oral demand for back rent owed before sending the court papers. The lower court believed landlord. Landlord is permitted to make an oral rent demand instead of a written one before commencing a nonpayment proceeding.

Schutz v. Lanuto: NYLJ, 2/26/07, p. 47, col. 6 (App. T. 2 Dept.; Rudolph, PJ, McCabe, Tanenbaum, JJ)

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