Accepting Rent After Judgment and Warrant Issued Didn't Bar Eviction

August 31, 2005

LVT Number: 18351

Landlord sued to evict month-to-month tenant after sending tenant a 60-day termination notice. Landlord said he had to sell the building for financial reasons. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out by a certain date. Tenant didn't move out, and the court issued a judgment and an eviction warrant. Tenant asked the court to vacate the judgment and warrant. He claimed that landlord reinstated his tenancy by accepting a rent payment after the vacate date. The court ruled against tenant. Landlord's intent was clear.

Landlord sued to evict month-to-month tenant after sending tenant a 60-day termination notice. Landlord said he had to sell the building for financial reasons. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out by a certain date. Tenant didn't move out, and the court issued a judgment and an eviction warrant. Tenant asked the court to vacate the judgment and warrant. He claimed that landlord reinstated his tenancy by accepting a rent payment after the vacate date. The court ruled against tenant. Landlord's intent was clear. And landlord's acceptance of rent after a judgment and warrant were issued didn't prevent him from evicting tenant. Landlord could proceed with the eviction.

Zappala v. Caputo: NYLJ, 8/24/05, p. 20, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)

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