Landlord Accepted Rent After Ending Lease

April 1, 1993

LVT Number: 6897

Landlord sued to evict Mitchell-Lama tenant after getting a certificate of eviction from HPD. Landlord claimed that tenant created a fire hazard by accumulating boxes, papers, cartons, and other items in his apartment. Tenant claimed that landlord waived the eviction certificate by accepting rent after the end of the lease and before starting the eviction action. Tenant asked the court to dismiss the case. The court refused, and tenant appealed. The appeals court ruled that a trial was necessary to determine whether there had in fact been a waiver.

Landlord sued to evict Mitchell-Lama tenant after getting a certificate of eviction from HPD. Landlord claimed that tenant created a fire hazard by accumulating boxes, papers, cartons, and other items in his apartment. Tenant claimed that landlord waived the eviction certificate by accepting rent after the end of the lease and before starting the eviction action. Tenant asked the court to dismiss the case. The court refused, and tenant appealed. The appeals court ruled that a trial was necessary to determine whether there had in fact been a waiver. The case was sent back to the trial court.

Lindsay Park Housing Corp. v. Clarke: NYLJ, p. 33, col. 1 (3/12/93) (App. T. 2 Dept.; Aronin, JP, Joy, Scholnick, JJ)

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