On-Time Preferential Rent Provision in Lease Was Illegal

June 26, 2020

LVT Number: #30846

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming tenant owed $15,500. Landlord noted that tenant was charged a preferential rent provided that rent was paid on time. Tenant argued that landlord's rent demand was improper and that the case should be dismissed. The court ruled for tenant. Landlord's on-time rent provision was illegal and unenforceable. And landlord admitted that the rent sought in the rent demand and petition was incorrect.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming tenant owed $15,500. Landlord noted that tenant was charged a preferential rent provided that rent was paid on time. Tenant argued that landlord's rent demand was improper and that the case should be dismissed. The court ruled for tenant. Landlord's on-time rent provision was illegal and unenforceable. And landlord admitted that the rent sought in the rent demand and petition was incorrect. Since landlord's rent demand didn't set forth a good faith estimate of the amount actually due, the case must be dismissed.

Loran LP v. Cruz: Index No. 021642/19, NYLJ No. 1588604555 (Civ. Ct. Bronx; 4/28/20; Weissman, J)

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