Tenant Didn't Prove Prepayment of Rent

September 30, 1998

LVT Number: 12717

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed over $12,000 for the period between October 1995 and April 1997. Tenant claimed that he'd paid prior landlord $1,250 per month from April 1994 through September 1995, even though his monthly rent was $575. Tenant claimed those payments included prepayment of future rent and were made to help prior landlord during a period of financial difficulty. Both tenant and prior landlord testified to this effect in court.

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed over $12,000 for the period between October 1995 and April 1997. Tenant claimed that he'd paid prior landlord $1,250 per month from April 1994 through September 1995, even though his monthly rent was $575. Tenant claimed those payments included prepayment of future rent and were made to help prior landlord during a period of financial difficulty. Both tenant and prior landlord testified to this effect in court. The court ruled against tenant, finding the statements of tenant and prior landlord not believable. The court awarded possession and a money judgment to landlord.

9--10 Alden Pl. v. Chen: NYLJ, p. 27, col. 3 (9/9/98) (City Ct. Mt. Vernon; Duffy, J)

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