Acceptance of Rent Not Necessarily Waiver

(Decision submitted by Gary D. Friedman of the New Hyde Park law firm of Gutman, Mintz, Baker & Sonnenfeldt, PC, attorneys for the landlord.) Landlord sued to evict rent-controlled tenant. Among other things, landlord claimed that tenant no longer lived in the apartment. Tenant claimed that landlord accepted rent after tenancy termination on July 31, 2004, but before starting the eviction case in court. Tenant claimed that this was waiver and asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant claimed that he mailed his August rent check on Aug. 1, 2004. Landlord started the court case on Aug. 10 and said it received tenant's check on Aug. 13. The check was cashed on Aug. 17. A trial was needed to determine the facts concerning whether landlord received the rent payment between Aug. 1 and Aug. 10.

Royal Charter Properties, Inc. v. Pierre: Index No. 83354/04 (1/3/05) (Civ. Ct. NY; Capella, J) [3-pg. doc.]