Lease Required Five-Day Rent Demand

April 1, 1999

LVT Number: 13133

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord's three-day rent demand was defective because his lease required a five-day rent demand. Landlord claimed that the lease clause in question applied to eviction cases and not to nonpayment cases. The court ruled against landlord. Since landlord could only seek eviction for not paying back rent in a nonpayment case, the five-day notice requirement in the lease applied.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord's three-day rent demand was defective because his lease required a five-day rent demand. Landlord claimed that the lease clause in question applied to eviction cases and not to nonpayment cases. The court ruled against landlord. Since landlord could only seek eviction for not paying back rent in a nonpayment case, the five-day notice requirement in the lease applied.

Ling v. Quinones: NYLJ, p. 35, col. 5 (3/31/99) (Civ. Ct. Kings; Wendt, J)

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