Improper Rent Demand Can't Be Amended

LVT Number: #23901

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, which gave landlord a judgment of possession. Tenant later obtained an attorney and asked the court to vacate the settlement agreement. The rent demand had stated that her monthly rent was $984, but landlord's own ledger stated that it was $963. Also, tenant's rent from July 2010 through January 2011 had been paid to prior landlord by the Department of Homeless Services. And landlord improperly sought rent that accrued before it bought the building.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, which gave landlord a judgment of possession. Tenant later obtained an attorney and asked the court to vacate the settlement agreement. The rent demand had stated that her monthly rent was $984, but landlord's own ledger stated that it was $963. Also, tenant's rent from July 2010 through January 2011 had been paid to prior landlord by the Department of Homeless Services. And landlord improperly sought rent that accrued before it bought the building. The court ruled for tenant and dismissed the case based on the improper rent demand, which couldn't be amended in court.

2110 Arthur Owners LLC v. Reyes: Index No. 24312/11, NYLJ No. 1202537906951 (Civ. Ct. Bronx; 12/23/11; Kullas, J)