Landlord Accepted Rent After Lease Ended

Landlord sued to evict rent-stabilized tenant to recover the apartment for owner occupancy. Landlord had sent tenant a termination notice stating that tenant's lease wouldn't be renewed after it expired on March 31., 1998. But landlord had accepted a rent payment from tenant for the month of April 1998 before she started the court case. Tenant asked the court to dismiss the petition based on the acceptance of rent. The court ruled for tenant. Even though tenant had mailed the check to landlord during March 1998, it had been clearly marked as payment of rent for April 1998 and March rent had already been paid. When landlord accepts rent after the lease ends, a month-to-month tenancy is created.

Schippers v. Mass: NYLJ, p. 29, col. 1 (11/4/98) (Civ. CL Kings; Rodriguez, J)