Rent Demand That Merely Referred to Rent Ledger Was Fatally Defective

June 26, 2025

LVT Number: #33743

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's rent demand and the court petition were defective because they failed to accurately set forth the rent arrears owed. The court ruled for tenant. The rent demand merely cited a total dollar amount and referred the reader to an attached rent ledger, which was not self-explanatory. The rent demand didn't itemize what months were owed, and instead pointed the reader to another document to make their own calculations.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's rent demand and the court petition were defective because they failed to accurately set forth the rent arrears owed. The court ruled for tenant. The rent demand merely cited a total dollar amount and referred the reader to an attached rent ledger, which was not self-explanatory. The rent demand didn't itemize what months were owed, and instead pointed the reader to another document to make their own calculations. In effect, the rent demand impermissibly shifted the burden to the tenant and to the court to calculate what rent was owed. It was therefore fatally defective.

Williamsburg Housing Preservation LP v. Khan: Index No. LYT 317436/24, 2025 NY Slip Op 50929(U), NYLJ 6/13/25, p. 17, col. 3 (Civ. Ct. Kings; 5/2/25; Poley, J)

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