Petition Needn't Give Specifics of Oral Rent Demand

April 30, 1999

LVT Number: 13218

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's petition was defective because it didn't state enough details of how landlord's rent demand was made. Tenant asked the court to dismiss the case. The court ruled against tenant. Landlord's petition had stated that a three-day rent demand was made orally and in writing. Landlord hadn't attached a copy of the written rent demand to tenant's copy of the petition but filed one in court with an affidavit of service. Tenant didn't claim the three-day notice wasn't sent.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's petition was defective because it didn't state enough details of how landlord's rent demand was made. Tenant asked the court to dismiss the case. The court ruled against tenant. Landlord's petition had stated that a three-day rent demand was made orally and in writing. Landlord hadn't attached a copy of the written rent demand to tenant's copy of the petition but filed one in court with an affidavit of service. Tenant didn't claim the three-day notice wasn't sent. The law doesn't require landlord to state in the petition further details of the rent demand.

Kiss v. Castellanos: NYLJ, p. 27, col. 3 (4/21/99) (Civ. Ct. NY; Billings, J)

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