Landlord Accepted Overpayment from DSS

July 31, 1996

LVT Number: 10815

Landlord sued to evict tenant. Tenant claimed that landlord's termination notice was defective. The trial court ruled against landlord without a trial, and landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord's acceptance of overpayments of monthly rent from DSS for the period while tenant's lease was in effect didn't prove an intent to accept rent for the period after termination of the lease.

Landlord sued to evict tenant. Tenant claimed that landlord's termination notice was defective. The trial court ruled against landlord without a trial, and landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord's acceptance of overpayments of monthly rent from DSS for the period while tenant's lease was in effect didn't prove an intent to accept rent for the period after termination of the lease.

Slevin v. Barretto: NYLJ, p. 29, col. 5 (7/9/96) (Scholnick, JP, Aronin, Patterson, JJ)

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