Hearing Required on Landlord's Acceptance of Rent

July 31, 1996

LVT Number: 10816

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Landlord and tenant stipulated that tenant would pay rent in June and July 1994. In May 1995 landlord claimed tenant had breached the stipulation but didn't state what, if any, payments were made on tenant's behalf in the past year. If DSS continued to pay rent on tenant's behalf, landlord's acceptance of payment from DSS would constitute a waiver of tenant's breach of the stipulation. A hearing was required to determine if landlord accepted rent payments for the period after the stipulation.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Landlord and tenant stipulated that tenant would pay rent in June and July 1994. In May 1995 landlord claimed tenant had breached the stipulation but didn't state what, if any, payments were made on tenant's behalf in the past year. If DSS continued to pay rent on tenant's behalf, landlord's acceptance of payment from DSS would constitute a waiver of tenant's breach of the stipulation. A hearing was required to determine if landlord accepted rent payments for the period after the stipulation.

647 Albany Ave. Corp. v. Briscoe: NYLJ, p. 28, col. 6 (7/11/96) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Patterson, JJ)

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