Landlord Forgot to Include Rent Increase in Rent Demand

LVT Number: 17062

Landlord sued to evict tenant for nonpayment of rent. After starting the case, landlord asked the court for permission to amend the petition. Tenant hadn't renewed his rent-stabilized lease, and landlord deemed a legal rent increase. Landlord forgot to incorporate the rent increase in the rent demand and petition. The court ruled against landlord and dismissed the case. Landlord appealed and won. The rent demand notified tenant of the periods and amounts for which rent was due. Landlord could fix the error in the amount demanded.

Landlord sued to evict tenant for nonpayment of rent. After starting the case, landlord asked the court for permission to amend the petition. Tenant hadn't renewed his rent-stabilized lease, and landlord deemed a legal rent increase. Landlord forgot to incorporate the rent increase in the rent demand and petition. The court ruled against landlord and dismissed the case. Landlord appealed and won. The rent demand notified tenant of the periods and amounts for which rent was due. Landlord could fix the error in the amount demanded.

10 Midwood LLC v. Hyacinth: NYLJ, 12/3/03, p. 29, col. 3 (App. T. 2 Dept.; Aronin, JP, Patterson, Rios, JJ)