Rent Demand Didn't Specify Monthly Sums Due

November 27, 2023

LVT Number: #32967

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $21,618 in back rent. Tenant asked the court to dismiss the case because the rent demand was defective. The court ruled for tenant. Landlord's 14-day rent demand listed a lump sum due without sufficiently detailing the months for which rent was due and owing. The rent demand also didn't properly earmark the receipt of ERAP funds toward rent. The lump sum in the demand didn't provide a good faith approximation of rent owed as required by law.

 

 

 

 

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $21,618 in back rent. Tenant asked the court to dismiss the case because the rent demand was defective. The court ruled for tenant. Landlord's 14-day rent demand listed a lump sum due without sufficiently detailing the months for which rent was due and owing. The rent demand also didn't properly earmark the receipt of ERAP funds toward rent. The lump sum in the demand didn't provide a good faith approximation of rent owed as required by law.

 

 

 

 

2108 Amsterdam LLC v. Rodriguez: Index No. 312997-2022, NYLJ No. 1696918294 (Civ. Ct. NY; 9/28/23; Gonzalez, J)

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