Landlord Can Amend Nonpayment Petition
LVT Number: #24335
Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $4,925 in back rent through April 2012. At the time of trial in August 2012, landlord asked the court for permission to amend its petition to include rent due for May through August. Tenant argued that landlord must deliver an additional rent demand before seeking the additional rent. The court ruled for landlord. Appellate case law and applicable statutes permit amendment of a nonpayment petition to include additional rent that becomes due and owing between the time the rent demand is delivered and trial.
Bldg Management Co., Inc. v. Benmen: 36 Misc.3d 1225(A), 2012 NY Slip Op 51476(U) (Civ. Ct. NY; 8/8/12; Kraus, J)