Tenant Claims Rent Demand Didn't Include Date Rent Due

September 30, 1996

LVT Number: 10919

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's three-day rent demand didn't include a ''date certain'' by which rent had to be paid. The trial court ruled for tenant and dismissed landlord's petition. Landlord appealed. The appeals court reversed and reopened the case. There is no requirement in RPAPL section 711(2) that a three-day rent demand include a date certain by which the rent must be paid.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's three-day rent demand didn't include a ''date certain'' by which rent had to be paid. The trial court ruled for tenant and dismissed landlord's petition. Landlord appealed. The appeals court reversed and reopened the case. There is no requirement in RPAPL section 711(2) that a three-day rent demand include a date certain by which the rent must be paid.

Alexander Muss & Sons v. Rozany: NYLJ, p. 29, col. 4 (9/27/96) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Aronin, JJ)

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