Landlord Can't Use Small Claims Court to Get Total Rent of over $3,000

April 1, 2000

LVT Number: 13994

Landlord sued former tenant for back rent in small claims court. Landlord brought two cases, one for $2,800 and one for $3,000. The court ruled for landlord, and tenant appealed. Tenant claimed that landlord improperly sued him in small claims court. The appeals court ruled for tenant. A claim in small claims court can't be for more than $3,000. Landlord sued tenant for two months' rent totaling $5,800, but split the claim into two actions. This was an improper attempt to get around the amount limit in small claims court.

Landlord sued former tenant for back rent in small claims court. Landlord brought two cases, one for $2,800 and one for $3,000. The court ruled for landlord, and tenant appealed. Tenant claimed that landlord improperly sued him in small claims court. The appeals court ruled for tenant. A claim in small claims court can't be for more than $3,000. Landlord sued tenant for two months' rent totaling $5,800, but split the claim into two actions. This was an improper attempt to get around the amount limit in small claims court.

Spergel v. Kaufman: NYLJ, 3/22/00, p. 26, col. 2 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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