Landlord Accepted Rent After Effective Date of Termination Notice

July 31, 1999

LVT Number: 13455

Landlord sued to evict tenant after sending a termination notice. Tenant claimed that between the termination date, Nov. 30, 1998, and Dec. 10, 1998, the date landlord started the eviction case, landlord accepted and held on to a rent check from tenant. Tenant claimed that this was a waiver. Landlord argued that it never cashed the check. The court ruled for tenant and dismissed the case. Once landlord accepted tenant's check after the termination date, the termination notice was invalidated. The fact that landlord didn't cash the check didn't change the waiver.

Landlord sued to evict tenant after sending a termination notice. Tenant claimed that between the termination date, Nov. 30, 1998, and Dec. 10, 1998, the date landlord started the eviction case, landlord accepted and held on to a rent check from tenant. Tenant claimed that this was a waiver. Landlord argued that it never cashed the check. The court ruled for tenant and dismissed the case. Once landlord accepted tenant's check after the termination date, the termination notice was invalidated. The fact that landlord didn't cash the check didn't change the waiver.

Heights Realty Assocs. v. Smith: NYLJ, p. 23, col. 6 (7/28/99) (Civ. Ct. NY; Billings, J)

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