Oral Demand Too Indefinite

July 31, 2004

LVT Number: 17501

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord because landlord didn't prove it sent tenant a rent demand before bringing the court case. Landlord appealed and lost. Landlord claimed that it made an oral rent demand. Even assuming this was so, landlord's demand was too indefinite. The lower court properly ruled that landlord must bring a plenary action for pre-1998 back rent. Landlord took no action for four years following discontinuance of a prior nonpayment case and collected rent for later periods.

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord because landlord didn't prove it sent tenant a rent demand before bringing the court case. Landlord appealed and lost. Landlord claimed that it made an oral rent demand. Even assuming this was so, landlord's demand was too indefinite. The lower court properly ruled that landlord must bring a plenary action for pre-1998 back rent. Landlord took no action for four years following discontinuance of a prior nonpayment case and collected rent for later periods.

Abart Holdings LLC v. Hall: NYLJ, 7/16/04, p. 24, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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