Judge Maria Milin
In this nonpayment action by landlord to recover alleged rent arrears, tenant moved for summary judgment dismissal of the petition arguing the predicate rent demand was insufficient. Landlord cross-moved to amend the petition to reflect the allegedly correct monthly rent. The rent demand notice indicated tenant owed $9,600 in rent. The court stated the requirement a landlord make a proper demand for rent was an essential element of a cause of action for nonpayment of rent. Landlord alleged the rent demand reflected a good faith approximation of the rents due, claiming it should be entitled to amend the petition to reflect that the monthly rent was $642.50. It also argued it was "of no moment the rent demand is wrong" as it sought a lower amount than what the rent actually was, it was a good faith approximation of the rent, thus the rent demand could not be found defective. The court disagreed finding the rent demand was fatally flawed, ruling landlord's attempt to save it with allegations that while it demanded the wrong amount, it was "close enough," could not be sustained. It stated the unexplained inaccuracy of the notice and clear error in the amount of rent sought called landlord's good faith approximation of the rent due into question, dismissing the petition.
