Landlord Accepted Rent After Delivering Termination Notice

Landlord sued to evict tenant based on tenant's failure to complete the income recertification process required under his lease and applicable regulations. Tenant asked the court to dismiss the case without a trial. Tenant claimed that landlord accepted rent after delivering the termination notice but before commencing the eviction proceeding. Tenant said that this invalidated the termination notice.
The court ruled against tenant. Landlord accepted a rent payment from tenant on July 2, 2008, covering the period of July 1 through July 31, 2008. The termination notice terminated the tenancy effective July 21, 2008. The court petition was filed on Aug. 1, 2008, and delivered to tenant on Aug. 5, 2008. Landlord received the August rent payment in the mail from tenant on Aug. 4, 2008 and accepted that payment. The July payment covered a period after the termination date. But tenant's lease provided that rent was payable in advance, on the first day of each month. When tenant made the payment for July rent, his tenancy hadn't been terminated and his obligation to pay rent for the entire month of July had already ripened under the terms of his lease agreement. And there was no confusion on tenant's part that he had defaulted on his obligations regarding recertification and that landlord intended to terminate his tenancy on this basis. As to the August payment, this was accepted after landlord commenced the eviction proceeding. Under RPAPL Section 711(1), acceptance of rent after commencement of the eviction proceeding doesn't invalidate the proceeding.