Landlord’s Oral Rent Demand Made Instead of Written Demand Was Sufficient

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $10,000. Tenant asked the court to dismiss the case, claiming that he never received a written three-day rent demand from landlord. Landlord claimed that an oral rent demand was made and that this was sufficient. The court agreed with landlord. Landlord’s oral demand, which was restated in his court papers, was sufficient under Real Property Actions and Proceedings Law Section 711(2) since landlord or its authorized agent made the demand, and it directed tenant in unequivocal language to pay by a particular time period rent claimed to be due. The court noted that it was common practice for nonpayment petitions to merely state that oral demand had been made without any specifics.

Merida v. Morosoff: Index No. LT-000734/16, NYLJ No. 1202755285565 (Dist. Ct. Nassau; 4/11/16; Fairgrieve, J)