Landlord Accepted Rent for 14 Months

Facts: Landlord sued to evict occupant, claiming that occupant was a licensee and that tenant had moved out. Occupant claimed she moved into the apartment in 1986 and that landlord accepted rent from her in her own name, knowing that tenant had moved out. Occupant paid rent for 14 months by money order and requested a lease. Landlord cashed four payments and held on to the other 10 without cashing or returning them. Court: Landlord loses. Landlord had held on to occupant's payments for an unreasonable length of time without returning them. This was equal to acceptance of the payments. Occupant made no attempt to deceive landlord as to who lived in the apartment. Landlord waived any right to evict occupant by accepting the 14 rent payments after tenant moved out. Landlord also made inconsistent statements in his court papers concerning the facts of the case.

Gottlieb v. Aragones: NYLJ, p. 26, col. 2 (6/16/93) (Civ. Ct. NY; Wendt, J)