Rent Demand Asked for Late Charges

December 1, 1994

LVT Number: 9299

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that the rent demand was defective because it asked for late charges. The court ruled for tenant and dismissed the case. A defective rent demand can't be corrected once landlord files a case in court. And the demand can't include late charges because it's supposed to inform tenant of the exact amount owed and give him time to pay before landlord takes the case to court.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that the rent demand was defective because it asked for late charges. The court ruled for tenant and dismissed the case. A defective rent demand can't be corrected once landlord files a case in court. And the demand can't include late charges because it's supposed to inform tenant of the exact amount owed and give him time to pay before landlord takes the case to court.

2966 Briggs Co. v. Soto: NYLJ, p. 28, col. 1 (11/22/94) (Civil Ct. Bronx; Thomas, J)

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