Written Rent Demand Required

September 30, 1993

LVT Number: 8231

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord didn't serve a written rent demand as required by Real Property Actions and Proceedings Law section 711(2). Landlord claimed the rent had been demanded personally, which was sufficient. In a prior nonpayment case, the court had ruled that tenant's lease didn't require a written rent demand. The court disagreed with the prior ruling, and held that it wasn't binding.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord didn't serve a written rent demand as required by Real Property Actions and Proceedings Law section 711(2). Landlord claimed the rent had been demanded personally, which was sufficient. In a prior nonpayment case, the court had ruled that tenant's lease didn't require a written rent demand. The court disagreed with the prior ruling, and held that it wasn't binding. Tenant's lease stated that landlord "must give tenant written notice of a default stating the type of default.'' Specifically listed in the lease as a default was ``failure to pay rent or added rent on time.'' The court ruled that tenant's lease required a written three-day notice, and dismissed landlord's petition.

Jeremias v. Reynaldo: NYLJ, p. 24, col. 5 (9/15/93) (Civ. Ct. Kings; Gould, J)

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