Nonpayment Petition Dismissed Due to Unclear Rent Ledger

June 25, 2024

LVT Number: #33248

Landlord sued to evict tenant for nonpayment of rent in the amount of $1,455. Tenant asked the court to dismiss the case, claiming that landlord's rent demand didn't specify the amounts due and included non-rent charges. The court ruled for tenant. Landlord's rent ledger was unclear and contained additional charges for various "cylinders" and a key fob. The ledger also began in June 2016 and continued through February 2022 but never listed the total amount listed in the petition as due.

Landlord sued to evict tenant for nonpayment of rent in the amount of $1,455. Tenant asked the court to dismiss the case, claiming that landlord's rent demand didn't specify the amounts due and included non-rent charges. The court ruled for tenant. Landlord's rent ledger was unclear and contained additional charges for various "cylinders" and a key fob. The ledger also began in June 2016 and continued through February 2022 but never listed the total amount listed in the petition as due.

Newport Gardens Apartment, LP v. Surles: 2024 NY Slip Op 31657(U), NYLJ No. 1715736389 (Civ. Ct. Kings; 5/10/24; Howard, J)

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