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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)

Citation
J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
Parent Document
J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
Jurisdiction
New York (state)
Effective Date
1995-09-12

Full Text

772 chars
The asterisked language "plus any and all arrears which may be due from June 1989 through June 1993” (emphasis supplied) renders the "notice” both indefinite and equivocal. It demands an unspecified, speculative amount clearly different from and in addition to that specified as "Rent Due” and "Total Due”. It is not notice as contemplated by the statute; it is a direction to the tenant to calculate the amount of rent due over a four-year period beginning six years ago. It conveys contradictory and ambiguous signals about what the tenant must pay to avoid eviction, forcing the tenant to guess, at his or her peril. Petitioner may not assert that past rent "may be” due, thereby shifting to the tenant the burden of determining if it is due, and if so, in what amount.