Tenant's Earmarked Rent Payments Covered Period of Claimed Arrears

October 28, 2020

LVT Number: #31035

Landlord sued to evict tenant for nonpayment of rent. Tenants asked the court to dismiss the case, claiming that the rent demand failed to give credit for payments made and received by landlord for almost every month in the demand. Tenant had earmarked each payment for a specific month on the checks paid. The court ruled for tenant and dismissed the case. Landlord claimed that rent was due for March 2018 through October 2018 at $224 per month. But tenant had paid for these months, as reflected on landlord's rent history and tenant's earmarked checks.

Landlord sued to evict tenant for nonpayment of rent. Tenants asked the court to dismiss the case, claiming that the rent demand failed to give credit for payments made and received by landlord for almost every month in the demand. Tenant had earmarked each payment for a specific month on the checks paid. The court ruled for tenant and dismissed the case. Landlord claimed that rent was due for March 2018 through October 2018 at $224 per month. But tenant had paid for these months, as reflected on landlord's rent history and tenant's earmarked checks. By law, payments made and earmarked for a specific time period must be applied as so designated by the payor. Landlord could start a new proceeding for unpaid rent based on a proper rent demand.

Lopez v. Guzman-DeLaCruz: Index No. 015814/19, 2020 NY Slip Op 51041(U)(Civ. Ct. Bronx; 9/11/20; Weissman, J)

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