Rent Demand Can Ask for Attorney's Fees and Late Charges

January 1, 1996

LVT Number: 10278

Landlord sued to evict tenant for nonpayment of rent. Landlord's three-day notice demanded five months' rent along with legal fees and late charges. Tenant claimed this made the notice defective. The court ruled for tenant and dismissed landlord's petition. Landlord appealed. The appeals court reversed and reopened the case. A proper rent demand must give tenant sufficient notice of what is claimed to be due and the period for which such claim is made. Landlord's notice specified what rent was claimed and added the legal fees and late charges. This wasn't a demand for illegal rent.

Landlord sued to evict tenant for nonpayment of rent. Landlord's three-day notice demanded five months' rent along with legal fees and late charges. Tenant claimed this made the notice defective. The court ruled for tenant and dismissed landlord's petition. Landlord appealed. The appeals court reversed and reopened the case. A proper rent demand must give tenant sufficient notice of what is claimed to be due and the period for which such claim is made. Landlord's notice specified what rent was claimed and added the legal fees and late charges. This wasn't a demand for illegal rent. Even if landlord could get only a money judgment for these extra fees, there was a basis for the claim in tenant's lease.

Brusco v. Miller: NYLJ, p. 30, col. 6 (12/1/95) (App. T. 1 Dept.; Parness, JP, Miller, JJ)

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