Rent Demand Didn't Set Forth Good Faith Approximation of Rent Arrears

October 28, 2020

LVT Number: #31045

New landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's rent demand was defective and asked the court to dismiss the case. The court ruled for tenant. Landlord sought $25 per month through September 2019. The rent demand was undated and began with a claimed lump sum of $5,670 with no specific time period listed. Landlord bought the building in June 2019 and admitted that prior landlord wouldn't turn over prior rent ledgers.

New landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's rent demand was defective and asked the court to dismiss the case. The court ruled for tenant. Landlord sought $25 per month through September 2019. The rent demand was undated and began with a claimed lump sum of $5,670 with no specific time period listed. Landlord bought the building in June 2019 and admitted that prior landlord wouldn't turn over prior rent ledgers. The court noted that a rent demand must provide a good faith approximation of rent arrears and state facts on which the proceeding was based. Landlord failed to do so in this case.

Williams & Georgia Towers Hous. Dev. Fund. Corp v. Barona-Mizell: Index No. 78794-19, NYLJ No. 1601024323 (Civ. Ct. Kings; 9/9/20; McClanahan, J)

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