Acceptance of Rent After Termination Didn’t Invalidate Termination Notice

July 24, 2015

LVT Number: #26305

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court granted tenant’s request to dismiss the case because landlord had accepted two rent checks from tenant after tenant’s lease expired on April 30, 2010. Landlord appealed and lost, then appealed to a higher court. The higher appeals court ruled for landlord. There was no proof that landlord asked for rent payments for May and June 2010 or gave tenant the impression that the payments would invalidate the lease termination notice.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court granted tenant’s request to dismiss the case because landlord had accepted two rent checks from tenant after tenant’s lease expired on April 30, 2010. Landlord appealed and lost, then appealed to a higher court. The higher appeals court ruled for landlord. There was no proof that landlord asked for rent payments for May and June 2010 or gave tenant the impression that the payments would invalidate the lease termination notice. The acceptance of rent under these circumstances didn’t by itself constitute unequivocal evidence of an intent to waive landlord’s right to proceed against tenant. 

 

 

 
Georgetown Unsold Shares v. Ledet: 2015 WL 3756873 (App. Div. 2 Dept; 6/18/15; Dillon, JB, Balkin, Chambers, Cohn, JJ)

Topics

More like this