A landlord filed a nonpayment proceeding to recover possession of the 1st Floor at 49 Water Lane

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A landlord filed a nonpayment proceeding to recover possession of the 1st Floor at 49 Water Lane North, Levittown, New York. The tenant allegedly owed the petitioner the sum of $9,970.00. The tenant claimed that the petitioner failed to demand payment of rent or serve a requisite three days’ notice in writing requiring, in the alternative, the payment of the rent, or the possession of the premises as required under RPAPL § 711(2). The landlord claimed that he had demanded the rent personally from the tenant since it became due. The tenant further claimed that he had not been served, personally, with any notice or demand. The landlord claims that under New York law an oral demand meets the requirement of the statute. What problems do you foresee in resolving this case in court? How could future landlords avoid disputes such as this one?

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Dynamic Business Law

ISBN: 9781260247893

5th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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