Tenant Paid Incorrect Amount

June 30, 2001

LVT Number: 15101

Landlord sued to evict tenant for nonpayment of rent. Landlord had made a billing error, charging less than the full rent, but corrected the error and later demanded the full amount. Tenant refused to pay the full rent and only offered to pay incorrect amounts. Landlord then refused to accept less than the full rent. The court ruled for landlord. Tenant appealed and lost. Tenant's rent was properly rejected, since landlord corrected its mistake and tenant didn't deny that landlord's corrected bills were for the correct rent amount.

Landlord sued to evict tenant for nonpayment of rent. Landlord had made a billing error, charging less than the full rent, but corrected the error and later demanded the full amount. Tenant refused to pay the full rent and only offered to pay incorrect amounts. Landlord then refused to accept less than the full rent. The court ruled for landlord. Tenant appealed and lost. Tenant's rent was properly rejected, since landlord corrected its mistake and tenant didn't deny that landlord's corrected bills were for the correct rent amount.

Duane St. Assocs. v. Cousins: NYLJ, 6/29/01, p. 19, col. 4 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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