Petition Didn't Include Information About Rent Demand

March 1, 1995

LVT Number: 9527

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord never demanded the rent before starting the case. Tenant also argued that the petition didn't include facts regarding the rent demand. Landlord claimed that it orally demanded the rent at apartment ''G'' on Dec. 14, 1994. Tenant argued that he'd never gotten the oral rent demand, and that he lived in apartment ''F'' not in apartment ''G.'' The court ruled for tenant, and dismissed the case.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord never demanded the rent before starting the case. Tenant also argued that the petition didn't include facts regarding the rent demand. Landlord claimed that it orally demanded the rent at apartment ''G'' on Dec. 14, 1994. Tenant argued that he'd never gotten the oral rent demand, and that he lived in apartment ''F'' not in apartment ''G.'' The court ruled for tenant, and dismissed the case. Even though the law lets landlord make an oral rent demand, the petition must still state the date, time, and place the rent demand was made. Landlord's petition was defective because it left out this information.

618 West 136th Street Realty Corp. v. Peralta: NYLJ, p. 29, col. 2 (2/1/95) (Civ. Ct. NY; Shafer, J)

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