Rent Demand Not Sent by Certified Mail

May 31, 1995

LVT Number: 9766

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant subsequently asked the court to vacate the default. The court ruled for tenant and landlord appealed. The appeals court ruled against landlord. Landlord didn't send tenant the written rent demand by certified mail although this was clearly required by tenant's lease. The case was sent back for a hearing on tenant's status rather than dismissed, because landlord had already evicted tenant and re-rented the apartment.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant subsequently asked the court to vacate the default. The court ruled for tenant and landlord appealed. The appeals court ruled against landlord. Landlord didn't send tenant the written rent demand by certified mail although this was clearly required by tenant's lease. The case was sent back for a hearing on tenant's status rather than dismissed, because landlord had already evicted tenant and re-rented the apartment.

B&A Realty Co. v. Castro: NYLJ, p. 25, col. 1(5/9/95) (App. T. 1 Dept.; Miller, JP, McCooe,Glen)

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