Nonpayment Proceeding Dismissed Due to Defective Rent Demand

January 23, 2017

LVT Number: #27452

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that  landlord’s rent demand was defective. The court ruled for tenant and dismissed the case. The rent demand was seven pages long and covered two rent ledgers over a three-year period. One of the ledgers had been prepared by prior landlord. The court found that the rent demand was unclear and confusing because both rent ledgers were inconsistent. One ledger indicated that tenant owed prior landlord over $3,800, while the newer ledger claimed that tenant owed $2,800.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that  landlord’s rent demand was defective. The court ruled for tenant and dismissed the case. The rent demand was seven pages long and covered two rent ledgers over a three-year period. One of the ledgers had been prepared by prior landlord. The court found that the rent demand was unclear and confusing because both rent ledgers were inconsistent. One ledger indicated that tenant owed prior landlord over $3,800, while the newer ledger claimed that tenant owed $2,800. But no time period was given for the accrual of the later amount.

 

 

 

Flushing QF Portfolio II LLC v. Santana: Index No. 66189/16, NYLJ No. 1202775025696 (Civ. Ct. Queens; 12/6/16; Ressos, J)

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