Eviction Case Dismissed After Landlord Accepted Rent from Tenant
LVT Number: #25880
Landlord sent tenant a renewal lease offer on June 1, 2010, for a lease to commence on Sept. 16, 2010. Tenant sent the renewal form back on June 10, having checked off the box indicating that she wouldn't be renewing her lease. Tenant later told landlord that she had changed her mind and wanted to remain in the apartment, but landlord wouldn't agree. Landlord then sued to evict tenant. The court ruled against landlord, and ordered landlord to renew tenant's lease on equitable grounds. Landlord appealed and lost. But the appeals court found that the court's reasoning was incorrect. Landlord was entitled to a judgment of possession because tenant didn't renew her lease. But tenant could be entitled to a 10-day cure period by renewing the lease after judgment was entered in landlord's favor. However, landlord also had started a nonpayment proceeding against tenant before the holdover proceeding based on nonrenewal, and had accepted rent from tenant for the month of September 2010. So the holdover case must be dismissed on these grounds. The appeals court also struck the portion of the lower court order that directed landlord to re-offer tenant a renewal lease and ordering tenant to sign it, since the court couldn't order this relief once the case was dismissed.
Jamsol Realty, LLC v. German: Index No. 516/2012, NYLJ No. 1202674652268 (A.T. 2 Dept.; 10/3/14; Pesce, PJ, Aliotta, Elliot, JJ)