Landlord Improperly Applied Rent Payments

LVT Number: #27086

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she had paid all the rent demanded in the petition. The court ruled for tenant, dismissed the case, and awarded tenant $2,350 based on overpayment. Tenant had received a “one-shot deal” from DSS/HRA, which issued a check for $7,806 to landlord. Landlord cashed the check and claimed that tenant still owed $753. But landlord had applied some of the DSS funds to older rent arrears it claimed were due even though these older rent amounts weren’t claimed in the nonpayment case.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she had paid all the rent demanded in the petition. The court ruled for tenant, dismissed the case, and awarded tenant $2,350 based on overpayment. Tenant had received a “one-shot deal” from DSS/HRA, which issued a check for $7,806 to landlord. Landlord cashed the check and claimed that tenant still owed $753. But landlord had applied some of the DSS funds to older rent arrears it claimed were due even though these older rent amounts weren’t claimed in the nonpayment case. The court agreed that this was improper since there was no notice to tenant that landlord would credit her current rent payment to stale rent. 

 

 

 

Newkirk 2215 LLC v. Franklyn: Index No. 059026/16, NYLJ No. 1202759979430 (Civ. Ct. Kings; 5/19/16; Sikowitz, J)