Rent Demand Not Properly Delivered

January 1, 2005

LVT Number: 17802

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later asked the court to excuse her default. The court ruled against tenant. Tenant appealed and won. Tenant showed a reasonable excuse for her default. She also demonstrated a valid defense. Landlord's rent demand wasn't properly delivered. Tenant also showed proof that she had paid the rent demanded in landlord's court papers before the judgment was entered. So tenant should be allowed to present her defenses at trial.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later asked the court to excuse her default. The court ruled against tenant. Tenant appealed and won. Tenant showed a reasonable excuse for her default. She also demonstrated a valid defense. Landlord's rent demand wasn't properly delivered. Tenant also showed proof that she had paid the rent demanded in landlord's court papers before the judgment was entered. So tenant should be allowed to present her defenses at trial.

Winthrop Realty LLC v. Maloney: NYLJ, 12/16/04, p. 27, col. 4 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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