Rent Demand Mailed One Day Late

February 1, 2002

LVT Number: 15589

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's rent demand was sent improperly and asked the court to dismiss the case. The court ruled for tenant. Landlord placed one copy of the rent demand at tenant's door after attempting personal delivery and sent additional copies to tenant by certified and regular mail. The law requires that the mailed copies be sent within one day of placing a copy at the apartment. But landlord's regular mail copies weren't sent until two days later. This violated RPAPL Section 735, and the case had to be dismissed.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's rent demand was sent improperly and asked the court to dismiss the case. The court ruled for tenant. Landlord placed one copy of the rent demand at tenant's door after attempting personal delivery and sent additional copies to tenant by certified and regular mail. The law requires that the mailed copies be sent within one day of placing a copy at the apartment. But landlord's regular mail copies weren't sent until two days later. This violated RPAPL Section 735, and the case had to be dismissed. Landlord could start over by resending the rent demand properly.

Trustees of Columbia University v. Vargas: NYLJ, 1/9/02, p. 19, col. 2 (Civ. Ct. NY; Billings, J)

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