Rent Demand Included Excessive Late Fee Claim

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's rent demand was defective. The rent demand included a claim for a late fee that tenant argued was disproportionate and unenforceable. Landlord argued that the rent demand set forth an approximate good faith sum of monies due and that inclusion of the late fee didn't render the rent demand defective. The court ruled for tenant and dismissed the case. The late fee represented 17.7 percent of the total rent demanded, and recent appeals court decisions found a late fee of less than this amount to be excessive. So the amounts sought in the rent demand weren't an approximate good faith amount of rent tenant owed since it didn't fairly apprise her of amounts actually due.

56-11 94th St. Co. v. Jara: 2019 NY Slip Op 51121, NYLJ No. 1563169096 (Civ. Ct. Queens; 7/2/19; Guthrie, J)