Rent Demand Defective

February 1, 1994

LVT Number: 8527

(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein, McConnell & Gribben, attorneys for the tenant.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord's written rent demand was defective because it asked tenant to pay the rent on or before three days from the date of service of the notice. The court ruled for tenant. Landlord's rent demand wasn't clear because tenant couldn't be expected to know what the word "service'' meant. Instead, landlord should have specified a date in the rent demand.

(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein, McConnell & Gribben, attorneys for the tenant.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord's written rent demand was defective because it asked tenant to pay the rent on or before three days from the date of service of the notice. The court ruled for tenant. Landlord's rent demand wasn't clear because tenant couldn't be expected to know what the word "service'' meant. Instead, landlord should have specified a date in the rent demand.

95 River Co. v. Burnett: NYLJ, p. 24, col. 4 (1/12/94) (Civ. Ct. NY; Braun, J)

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