Three-Day Rent Demand Not Properly Delivered

April 30, 2006

LVT Number: 18868

Landlord sued to evict tenant based on both holdover and nonpayment claims. The court ruled for landlord, finding that tenant owed $7,300. Tenant appealed, claiming improper delivery of the rent demand and termination notices. The appeals court ruled for tenant. Landlord never proved delivery of a termination notice, so the holdover claims were dismissed. And landlord only mailed the three-day rent demand to tenant; the law requires personal delivery. So the case must be dismissed.

Landlord sued to evict tenant based on both holdover and nonpayment claims. The court ruled for landlord, finding that tenant owed $7,300. Tenant appealed, claiming improper delivery of the rent demand and termination notices. The appeals court ruled for tenant. Landlord never proved delivery of a termination notice, so the holdover claims were dismissed. And landlord only mailed the three-day rent demand to tenant; the law requires personal delivery. So the case must be dismissed.

Seaton v. Chavez: NYLJ, 4/12/06, p. 26, col. 5 (App. T. 2 Dept.; Rudolph, PJ, Tanenbaum, Lippman, JJ)

Topics

More like this