Nonpayment Proceeding Dismissed Due to Defective Rent Demand

June 26, 2024

LVT Number: #33263

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. The court ruled for tenant, finding that landlord's predicate rent demand consisted of a rent ledger that contained an unexplained balance forward of $3,659 and non-rent fees. This violated RPAPL Section 711. The balance forward also was unclear as to the origin, and the rent demand wasn't clear as to the outstanding rent owed and for what period.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. The court ruled for tenant, finding that landlord's predicate rent demand consisted of a rent ledger that contained an unexplained balance forward of $3,659 and non-rent fees. This violated RPAPL Section 711. The balance forward also was unclear as to the origin, and the rent demand wasn't clear as to the outstanding rent owed and for what period.

Lincoln Sponsor LLC v. Wellington: 2024 NY Slip Op 31504, NYLJ No. 1714176191 (Civ. Ct. Kings; 4/24/24; Howard, J)

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