Rent Demand Defective

September 24, 2015

LVT Number: #26532

Landlord sued to evict hotel tenant for nonpayment of rent totalling $187,000. The court granted tenant’s request to dismiss the case based on a defective rent demand. The demand sought rent for a two-year period but wasn’t itemized to show how the amount demanded was determined or whether rent was charged at a daily, weekly, or monthly rate. Since a defective rent demand can’t be cured, the case was dismissed.

 

 

 

 

Landlord sued to evict hotel tenant for nonpayment of rent totalling $187,000. The court granted tenant’s request to dismiss the case based on a defective rent demand. The demand sought rent for a two-year period but wasn’t itemized to show how the amount demanded was determined or whether rent was charged at a daily, weekly, or monthly rate. Since a defective rent demand can’t be cured, the case was dismissed.

 

 

 

 

 

 

 

 

 

125 East 50th Street Co. v. Fisher: Index No. 72194/2014, NYLJ No. 1202733705727 (Civ. Ct. NY; 7/21/15; Wendt, J)

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