Rent Demand Didn't Ask for Specific Amount

LVT Number: 10131

Facts: Landlord bought building in 1994. The building had been in receivership for at least three years. Landlord received an assignment of past due rents. Tenants apparently hadn't paid rent in some time. Landlord then sued to evict tenant for nonpayment of rent. Landlord's three-day notice demanded $10,077.91 in rent and additional rent ''plus any and all arrears which may be due from June 1989 through June 1993.'' Tenant claimed that landlord's rent demand wasn't specific and therefore must be dismissed. Court: Landlord loses.

Facts: Landlord bought building in 1994. The building had been in receivership for at least three years. Landlord received an assignment of past due rents. Tenants apparently hadn't paid rent in some time. Landlord then sued to evict tenant for nonpayment of rent. Landlord's three-day notice demanded $10,077.91 in rent and additional rent ''plus any and all arrears which may be due from June 1989 through June 1993.'' Tenant claimed that landlord's rent demand wasn't specific and therefore must be dismissed. Court: Landlord loses. The demand for back rent ''which may be due'' made landlord's notice indefinite. Landlord demanded an unspecified, speculative amount clearly different from and in addition to that specified as rent due and total due. Landlord's notice directs tenant to calculate the amount of rent due over a four-year period, beginning six years ago. It is contradictory and ambiguous, forcing tenant to guess at his own risk. Landlord can't, in a summary proceeding, shift to tenant the burden of figuring if rent is due and in what amount.

JD Realty Associates v. Jorrin: NYLJ, p. 27, col. 2 (10/11/95) (Civ. Ct. NY; Stallman, J)