Rent Demand Didn't Break Down Amount Owed

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's rent demand was improper. Landlord's three-day notice listed the amount owed as $7,385.20. The notice listed monthly amounts due for some months, but also stated that $2,867.20 was due for the period of February 1996 to November 1996. The court ruled for tenant. The purpose of a rent demand isn't only to inform tenant that if the amount demanded wasn't paid, tenant could be evicted, but also to give tenant the chance to correct any default in payment. Landlord received shelter allowance checks paid on tenant's behalf by the Department of AIDS Services (DAS) every month. Tenant claimed that DAS hadn't sent the checks in recent months. To get a printout of payments from the agency, tenant had to show them a clear breakdown of what was due. The lump sum stated by landlord as due for the period between February and November 1996 didn't properly put tenant on notice of the amount due for each month and left tenant uninformed of how to proceed to avoid a court action.

St. James Court LLC v. Booker: NYLJ, p. 28, col. 5 (4/22/98) (Civ. Ct. Kings; Thomas, J)