Petitions Defective

July 31, 1995

LVT Number: 9895

Landlord sued to evict 15 tenants for nonpayment of rent. Tenants claimed landlord's petitions were defective because they didn't state the manner in which the rent demands were made. The court ruled for tenants and dismissed the petitions. Real Property Actions and Proceedings Law, section 711(2), requires that prior to commencing nonpayment proceedings, landlord must give tenant three days' notice demanding the rent due.

Landlord sued to evict 15 tenants for nonpayment of rent. Tenants claimed landlord's petitions were defective because they didn't state the manner in which the rent demands were made. The court ruled for tenants and dismissed the petitions. Real Property Actions and Proceedings Law, section 711(2), requires that prior to commencing nonpayment proceedings, landlord must give tenant three days' notice demanding the rent due. Landlord's petitions stated only that ''rent has been demanded from the tenant(s) since same became due.'' Boilerplate language stating ''3-day notice in writing'' had been crossed out on the petitions, and there was no indication that oral notice had been given either.

90-02 Wadsworth Ave. Assoc. v. Rodriguez: NYLJ, p. 26, col. 3 (7/12/95) (Civ. Ct. NY; Friedman, J)

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