No Rent Demand Sent to Tenant

April 30, 2005

LVT Number: 18103

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord didn't send tenant a rent demand before starting the eviction case. Tenant asked the court to dismiss the case. The court ruled against tenant. Tenant appealed and won. Landlord didn't prove that he either demanded the rent or sent tenant three-days' written notice requiring payment. So the case must be dismissed.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord didn't send tenant a rent demand before starting the eviction case. Tenant asked the court to dismiss the case. The court ruled against tenant. Tenant appealed and won. Landlord didn't prove that he either demanded the rent or sent tenant three-days' written notice requiring payment. So the case must be dismissed.

Garvey v. Calder: NYLJ, 4/20/05, p. 26, col. 2 (App. T. 2 Dept.; McCabe, PJ, Rudolph, Angiolillo, JJ)

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