Acceptance of One HRA Payment After Lease Termination Didn't Waive Termination Notice

May 29, 2018

LVT Number: #28425

Landlord sued to evict tenant for keeping a dog in violation of his lease. Tenant asked the court to dismiss the case because landlord accepted rent payment during the window period after his tenancy was terminated but before starting the eviction proceeding in court. The court ruled against tenant. Landlord accepted one cycle shelter allowance from HRA that arguably was due prior to commencement of the window period. This didn't waive landlord's termination notice.

Landlord sued to evict tenant for keeping a dog in violation of his lease. Tenant asked the court to dismiss the case because landlord accepted rent payment during the window period after his tenancy was terminated but before starting the eviction proceeding in court. The court ruled against tenant. Landlord accepted one cycle shelter allowance from HRA that arguably was due prior to commencement of the window period. This didn't waive landlord's termination notice.

Silverleaf LP v. Griffin, Index No. 36764/2017, NYLJ No. 1523949304 (Civ. Ct. Bronx; 3/27/18; Lutwak, J)

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