Rent Demand Not Properly Served

December 1, 2009

LVT Number: #22304

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming improper rent demand. The court ruled for tenant. Tenant claimed that no rent demand was made before landlord started the case. Landlord claimed that its attorney sent tenant a written demand for rent due and a notice to vacate on July 21, 2009. But no affidavit of service was attached to the rent demand filed in court. So landlord failed to deliver the rent demand in accordance with Real Property and Proceedings Law Section 735, and it was legally insufficient.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming improper rent demand. The court ruled for tenant. Tenant claimed that no rent demand was made before landlord started the case. Landlord claimed that its attorney sent tenant a written demand for rent due and a notice to vacate on July 21, 2009. But no affidavit of service was attached to the rent demand filed in court. So landlord failed to deliver the rent demand in accordance with Real Property and Proceedings Law Section 735, and it was legally insufficient.

Price v. Roberts: NYLJ, 11/19/09, p. 28, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)

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