Rent Demand Defective

September 30, 1998

LVT Number: 12677

Landlord sued to evict tenant for nonpayment of rent. Tenant, who relied on the city's Department of AIDS Services to pay his rent, claimed that landlord's rent demand was defective. The court ruled for tenant and dismissed the case. Landlord's rent demand didn't notify tenant of the correct amount of rent due for each month. Instead, the demand notice indicated a lump sum due for a 10-month period. The rent demand also didn't show the amount of public assistance payments credited for each of the months in question.

Landlord sued to evict tenant for nonpayment of rent. Tenant, who relied on the city's Department of AIDS Services to pay his rent, claimed that landlord's rent demand was defective. The court ruled for tenant and dismissed the case. Landlord's rent demand didn't notify tenant of the correct amount of rent due for each month. Instead, the demand notice indicated a lump sum due for a 10-month period. The rent demand also didn't show the amount of public assistance payments credited for each of the months in question. RPAPL Section 711(2) requires that landlord's rent demand be clear and provide tenant with actual notice of the amount due. Landlord's notice didn't do so.

St. James Court, LLC v. Booker: 673 NYS2d 821 (1998) (Civ. Ct. Kings; Thomas, J)

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