Landlord Didn't Make Rent Demand

LVT Number: 8339

Landlord sued to evict Westchester County tenant for nonpayment of rent. The trial court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. Landlord didn't prove it made a rent demand as required by Real Property Actions and Procedures Law section 711(2). So, landlord's petition should have been dismissed.

Landlord sued to evict Westchester County tenant for nonpayment of rent. The trial court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. Landlord didn't prove it made a rent demand as required by Real Property Actions and Procedures Law section 711(2). So, landlord's petition should have been dismissed.

Shippy Realty Corp. v. Jimenez: NYLJ, p. 27, col. 6 (10/27/93) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)