Written Rent Demand Not Required

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because landlord didn't send tenant a written rent demand before bringing the court action. The court ruled that landlord's verbal notice was sufficient under Real Property Actions and Proceedings Law Section 711(2). Tenant's lease didn't require a written demand. It stated that landlord could proceed ``after a personal demand for rent has been made, or within three days after a statutory written demand for rent has been made[.]'' Another lease clause stated that any notice from landlord, landlord's agent, or attorney would be considered properly given to tenant if it ``is in writing'' and properly addressed to tenant. This clause didn't mandate that all notices be in writing. It merely set forth how written notices should be served.

[Bonnetto Realty v. Bueno: NYLJ, p. 26, col. 3 (1/5/93) (Civ. Ct. Kings; Gould, J)].