Accepting Section 8 After Lease Termination Automatically Renewed Lease

July 31, 2008

LVT Number: #20580

Landlord sued to evict tenant. Landlord claimed that tenant's lease had expired and that tenant was now month-to-month. Tenant asked the court to dismiss the case, claiming that tenant's lease had been renewed. The court ruled for tenant and dismissed the case. Landlord continued to accept Section 8 rent subsidy payments for tenant from DSS beyond the lease termination date. In addition, tenant's lease stated that the lease would be automatically renewed for one-year terms unless there was good cause for terminating the tenancy.

Landlord sued to evict tenant. Landlord claimed that tenant's lease had expired and that tenant was now month-to-month. Tenant asked the court to dismiss the case, claiming that tenant's lease had been renewed. The court ruled for tenant and dismissed the case. Landlord continued to accept Section 8 rent subsidy payments for tenant from DSS beyond the lease termination date. In addition, tenant's lease stated that the lease would be automatically renewed for one-year terms unless there was good cause for terminating the tenancy. Landlord's acceptance of rent payments from DSS in early 2008 was an acceptance of rent and a waiver of landlord's right to terminate the lease. So tenant's lease was renewed for 2008.

Timothy v. Matison: NYLJ, 7/2/08, p. 33, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)

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