Rent Demand Was Issued After Tenancy Termination Notice

December 20, 2023

LVT Number: #33011

Landlord sued to evict tenant in 2021, basing the holdover proceeding on a 2020 termination notice that had been used in a prior eviction proceeding that had been dismissed. Landlord asked the court to vacate tenant's Hardship Declaration and to strike many of tenant's defenses. In response, the court dismissed the case in its entirety. The court found that landlord's issuance of a 14-day rent demand was contrary to its posture in the holdover case. Landlord's rent demand was incompatible and inconsistent with the termination notice.

Landlord sued to evict tenant in 2021, basing the holdover proceeding on a 2020 termination notice that had been used in a prior eviction proceeding that had been dismissed. Landlord asked the court to vacate tenant's Hardship Declaration and to strike many of tenant's defenses. In response, the court dismissed the case in its entirety. The court found that landlord's issuance of a 14-day rent demand was contrary to its posture in the holdover case. Landlord's rent demand was incompatible and inconsistent with the termination notice. Landlord had issued the rent demand right in the middle of the holdover trial, and didn't retract that notice. 

Pimor Assoc. LLC v. Delvalle: Index No. LT-301055-21, 2023 NY Slip Op 33884(U), NYLJ No. 1698884040 (Civ. Ct. Queens; 10/31/23; Sanchez, J)

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