Rent Demand Asked for Attorney's Fees and Late Charges

LVT Number: 9297

Landlord sued to evict tenants for nonpayment of rent. Tenants asked the court to dismiss the case, claiming that landlord's rent demand was defective because it asked for attorney's fees of $75, and late charges of $52.50. The court agreed and dismissed the case. The rent demand must state only the amount of back rent owed. It can't ask for attorney's fees or late charges.

Landlord sued to evict tenants for nonpayment of rent. Tenants asked the court to dismiss the case, claiming that landlord's rent demand was defective because it asked for attorney's fees of $75, and late charges of $52.50. The court agreed and dismissed the case. The rent demand must state only the amount of back rent owed. It can't ask for attorney's fees or late charges.

Brusco v. Miller: NYLJ, p. 22, col. 5 (11/9/94) (Civ. Ct. NY.; Payne, J)