Rent Checks Applied to Back Rent Owed

LVT Number: 11598

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. Tenant claimed that landlord improperly applied the rent payments to the back rent owed. The appeals court ruled against tenant. Landlord could apply tenant's rent checks first to payment of back rent and then to current rent.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. Tenant claimed that landlord improperly applied the rent payments to the back rent owed. The appeals court ruled against tenant. Landlord could apply tenant's rent checks first to payment of back rent and then to current rent.

Klein v. Jasphy: NYLJ, p. 29, col. 3 (6/9/97) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)