clear calculation of the rental arrears, the respondent is uninformed as to how he should proceed
in order to avoid litigation and once commenced how to proceed with this case. If payments were
made or there were issues of laches and stale rent, such claims could be used to defend the
action.
St. James Court, L.L.C. v. Booker, 176 Misc 2d 693, 695,
673 NYS2d 821(Civ. Ct, Kings Co. 1998).
In the case at bar, the Landlord's demand for rent merely provides a past due amount
of $4619.52 without any breakdown whatsoever as to what the sum represents, the months for
which rent is allegedly owed, what portion constitutes late charges, legal fees or utilities. The
Petition moreover claims the rent owed is $3262.52. The court spent significant time analyzing
and trying to reconcile the conflicting evidence and Resident Profiles issued by Landlord. The
evidence established that after payment of the agreed upon $2884.00 and execution of the
payment agreement on October 15, 2009, Tenant's rental account balance should have been zero.
Thereafter, the following charges were incurred and payments made:
BillingPayments:
11/1/09:late charge10.0011/29/09: $1257.00 (ck 188)
[*5]
rent1257.00100.00 (ck 189)
utility Charge:143.41
Total:$1410.41Total: $1357.00 Balance: $53.41
12/1/09late charge10.0012/24/091257.00 (ck 193)
rent1257.0077.00 (ck 194)
utility charge76.40
Total:1343.40Total:$1334.00 Balance: $9. 40
When the Three Days' Notice and Demand for Rent was served by Landlord on
December 8, 2009, Landlord had received and deposited Tenant checks numbered 188 and 189,
so the rent owed was actually $1257.00, not $4619.52. Even if the balance included in the
payment agreement is added to the December rent, the alleged past due amount is not equivalent