Landlord Proved Rent Demand Made

January 1, 2006

LVT Number: 18605

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed improper rent demand and asked the court to dismiss the case. The court ruled for landlord. Landlord had sent tenant a written rent demand claiming that over $2,000 was owed for the period between July 1, 2005, and Oct. 30, 2005. The written notice advised tenant that he must either pay or surrender possession of the apartment after three days. Landlord also had made an oral demand for rent due from tenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed improper rent demand and asked the court to dismiss the case. The court ruled for landlord. Landlord had sent tenant a written rent demand claiming that over $2,000 was owed for the period between July 1, 2005, and Oct. 30, 2005. The written notice advised tenant that he must either pay or surrender possession of the apartment after three days. Landlord also had made an oral demand for rent due from tenant. Landlord had complied with RPAPL 711(2), which required either an oral rent demand or a written demand with instructions to either pay or vacate.

Neighbors of Watertown Inc. v. Pearson: NYLJ, 12/21/05, p. 23, col. 1 (City Ct. Jefferson; Harberson, J)

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