Rent Demand Included Excessive Late Fee Claim

LVT Number: #30315

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's rent demand was defective. The rent demand included a claim for a late fee that tenant argued was disproportionate and unenforceable. Landlord argued that the rent demand set forth an approximate good faith sum of monies due and that inclusion of the late fee didn't render the rent demand defective. The court ruled for tenant and dismissed the case.

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56-11 94th St. Co. v. Jara: 2019 NY Slip Op 51121, NYLJ No. 1563169096 (Civ. Ct. Queens; 7/2/19; Guthrie, J)