Rent Demand That Included Non-Rent Charges Was Fatally Defective

June 21, 2021

LVT Number: #31445

Landlord sued to evict tenant for nonpayment of rent, with rent arrears going back to 2016. The court dismissed the portion of the case seeking rent prior to November 2018, since that portion had been paid. But the court also dismissed the portion of the petition seeking back rent from November 2018 to April 2019 because the predicate notice was defective. Contrary to the requirements of Real Property Actions and Proceedings Law Section 711, landlord's rent demand was inaccurate and included non-rent charges in violation of RPAPL Section 702. The case therefore was dismissed.

Landlord sued to evict tenant for nonpayment of rent, with rent arrears going back to 2016. The court dismissed the portion of the case seeking rent prior to November 2018, since that portion had been paid. But the court also dismissed the portion of the petition seeking back rent from November 2018 to April 2019 because the predicate notice was defective. Contrary to the requirements of Real Property Actions and Proceedings Law Section 711, landlord's rent demand was inaccurate and included non-rent charges in violation of RPAPL Section 702. The case therefore was dismissed.

170 Spring Street LLC v. Doe: Index No. 07182/19, NYLJ No. 1621868030 (Civ. Ct. Kings; 5/5/21; Sikowitz, J)

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