Landlord's Nonpayment Case Dismissed Due to Defective Rent Demand

LVT Number: #28426

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the rent demand was defective and asked landlord to dismiss the case. The court ruled for tenant. Tenant had paid rent for April, May, and June 2017, and landlord admitted that the rent charged for June 2017 represented a retroactive MCI rent increase and additional rent reserved in a prior nonpayment action. Since the amount stated for June 2017 in the rent demand wasn't rent for that month, the rent demand was defective and couldn't be amended. 

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the rent demand was defective and asked landlord to dismiss the case. The court ruled for tenant. Tenant had paid rent for April, May, and June 2017, and landlord admitted that the rent charged for June 2017 represented a retroactive MCI rent increase and additional rent reserved in a prior nonpayment action. Since the amount stated for June 2017 in the rent demand wasn't rent for that month, the rent demand was defective and couldn't be amended. 

Singapore Leasing v. Outler: Index No. 69287/17, NYLJ No. 1524029686 (Civ. Ct. Queens; 4/9/18; Kullas, J)