Rent Demand Defective

June 30, 1995

LVT Number: 9836

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's three-day rent demand notice was defective. The court ruled for tenant and dismissed the case. In addition to demanding the rent due for January, the notice demanded ''$80–other.'' This was later explained to be attorney's fees. Since that wasn't made clear in the notice, the demand was defective. In addition, the notice stated ''you are required to pay on or before the expiration of three days from the day of the service of the notice.'' This was also vague.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's three-day rent demand notice was defective. The court ruled for tenant and dismissed the case. In addition to demanding the rent due for January, the notice demanded ''$80–other.'' This was later explained to be attorney's fees. Since that wasn't made clear in the notice, the demand was defective. In addition, the notice stated ''you are required to pay on or before the expiration of three days from the day of the service of the notice.'' This was also vague.

Parkchester Apts. Co. v. Walker: NYLJ, p. 30, col. 1 (6/28/95) (Civ. Ct. Bronx; Hoahng, J)

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