Rent Demand Not Defective

April 1, 1997

LVT Number: 11372

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's rent demand didn't properly itemize the amount owed. The court ruled for tenant and dismissed the case. Landlord appealed. The rent demand stated that tenant owed six months' rent, from October 1994 through March 1995, and also demanded $1,300 in miscellaneous charges. The appeals court ruled for landlord and reopened the case. The rent demand itemized the amount of rent owed. The rent demand wasn't invalid because landlord didn't specify what the miscellaneous charges were for.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's rent demand didn't properly itemize the amount owed. The court ruled for tenant and dismissed the case. Landlord appealed. The rent demand stated that tenant owed six months' rent, from October 1994 through March 1995, and also demanded $1,300 in miscellaneous charges. The appeals court ruled for landlord and reopened the case. The rent demand itemized the amount of rent owed. The rent demand wasn't invalid because landlord didn't specify what the miscellaneous charges were for. And it was clear from landlord's petition that the miscellaneous charges were for the balance due for the period prior to October 1994. Tenant didn't claim that this amount wasn't owed.

John Washington, Ltd. v. Gulbreath: NYLJ, p. 29, col. 1 (3/12/97) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Patterson, JJ)

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