Rent Demand Included Rent Owed Pursuant to Prior Settlement Agreements

LVT Number: #26710

New landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. The court ruled for tenant. Tenant owed back rent, which it was required to pay pursuant to settlement agreements in three prior nonpayment cases. New landlord’s rent demand didn’t separate amounts owed under the prior stipulations from newer rent arrears due. Also, there were already judgments for the amounts due under the prior settlement agreements. So landlord’s rent demand was defective, and the case must be dismissed.

 

 

Union Street Houses Owners LLC v. Marshall: Index No. L&T 70504/2015, NYLJ 1202741935736 (Civ. Ct. Kings; 10/27/15; Kuzniewski, J)