Landlord Must Prove It Made Oral Rent Demand

December 1, 2000

LVT Number: 14588

Landlord sued to evict tenant for nonpayment of rent. When tenant didn't appear in court, landlord asked for a judgment of possession and issuance of an eviction warrant. The court ruled against landlord. Landlord claimed that it made an oral demand for the rent owed. Additional proof that landlord properly made the rent demand was needed. Landlord must present proof, in the form of sworn statements by persons with firsthand knowledge of the facts, regarding the time and manner in which landlord communicated the oral rent demand personally to tenant.

Landlord sued to evict tenant for nonpayment of rent. When tenant didn't appear in court, landlord asked for a judgment of possession and issuance of an eviction warrant. The court ruled against landlord. Landlord claimed that it made an oral demand for the rent owed. Additional proof that landlord properly made the rent demand was needed. Landlord must present proof, in the form of sworn statements by persons with firsthand knowledge of the facts, regarding the time and manner in which landlord communicated the oral rent demand personally to tenant.

25-35 Equity Holdings Inc. v. Toles: NYLJ, 11/29/00, p. 29, col. 4 (Civ. Ct. NY; Billings, J)

Topics

More like this