Landlord Sent Two Rent Demands

Facts:Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because landlord had sent him two different rent demands. Landlord sent tenant a five-day notice, dated March 2, 1994, asking for three months' rent at $168 per month. Two weeks later, landlord sent tenant a three-day notice, asking for three months' rent at $775 per month. Landlord argued that it had sent two notices because the lease called for a five-day notice, and Real Property Actions and Proceedings Law Section 711(2) called for a three-day notice. Landlord also asked the court for permission to correct its papers to clear up the possible confusion. Court:Tenant wins. The court dismissed the case because the two notices were contradictory and confusing. They gave tenant two different time frames in which to respond, and demanded vastly different amounts of back rent. And the five-day notice was handwritten and signed by landlord, while the three-day notice was typed and signed by landlord's attorney. So there was no way for tenant to know which demand to respond to, or how much rent was due. Also, this type of mistake can't be fixed by correcting the court papers after they've been filed.

Adamo Properties, Inc. v. Almanzar: NYLJ, p. 31, col. 6 (1/11/95) (Civ. Ct. Kings; Finkelstein, J)