Rent Demand Didn't State Correct Rent Amounts

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 rent demand stated that tenant owed $457 per month for each month between June 2007 and March 2008. But tenant said that his monthly rent was actually $871 per month from June 2007 through February 2008. Landlord argued that it didn't matter, because the rent demand sought the correct total amount due. The court ruled for tenant and dismissed the case. Stating an inaccurate breakdown of rent due in the rent demand and petition prevents tenant from effectively defending against the claim. And landlord's rent history records clearly reflected the correct monthly rent amounts. So landlord's rent demand didn't provide a good-faith statement of rent due.

Parkview Gardens LP v. Lamont: NYLJ, 8/13/08, p. 28, col. 3 (Civ. Ct. Kings; Scheckowitz, J)