Landlord Accepted Rent After Ending Lease

Landlord didn't renew rent-stabilized tenant's lease. Landlord instead sent tenant a termination notice stating that he intended to recover tenant's apartment for owner occupancy. Tenant's lease expired on Aug. 31. In September, landlord's wife deposited two rent checks received from the DSS as partial payment of tenant's rent. Landlord then sent the money back to the DSS with a letter stating that the deposit was a mistake. In October, the DSS sent two more checks. Landlord sent back one of the checks. Tenant asked the court to dismiss the case because landlord had accepted rent payments after ending the lease. The court ruled for tenant. Landlord didn't sufficiently explain the supposed mistake. By accepting rent after the lease ended on Aug. 31, landlord revived the tenancy.

Kasapidis v. Sanchez: NYLJ, p. 29, col. 5 (4/14/99) (Civ. Ct. Kings; Thomas, J)