Rent Demand Not Defective Despite Inaccurate Amount Due

(Decision submitted by Nativ Winiarsky of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Landlord's petition stated that rent was due for the months of November 1997 through March 1998. Tenant pointed out that the November 1997 rent had been paid. So landlord was demanding an amount that was 20 percent more than the amount due. Tenant claimed that landlord's petition should be dismissed because of this defect. The court ruled against tenant. The rent demand fairly notified tenant of the rent amount due and landlord hadn't acted in bad faith. Landlord's husband, who had handled the billing, had died around the time the rent demand was prepared, and not giving tenant credit for the November 1997 payment was just an error.

Martin v. Poon: Index No. 67328/98 (10/29/98) [2-pg. doc.]