Landlord Accepted Rent After Lease Termination Date

January 1, 1999

LVT Number: 12933

Landlord sued to evict tenant after tenant's lease expired. Tenant claimed that landlord had accepted rent after the lease termination date and so the case should be dismissed. The court ruled for tenant. Landlord had accepted rent for the month of August on Aug. 6, 1998, after it had sent tenant the termination notice on Aug. 3. The rent payment covered a period of time after the Aug. 15 expiration date stated in the termination notice and before the Aug. 21 starting date of the case.

Landlord sued to evict tenant after tenant's lease expired. Tenant claimed that landlord had accepted rent after the lease termination date and so the case should be dismissed. The court ruled for tenant. Landlord had accepted rent for the month of August on Aug. 6, 1998, after it had sent tenant the termination notice on Aug. 3. The rent payment covered a period of time after the Aug. 15 expiration date stated in the termination notice and before the Aug. 21 starting date of the case.

Sunstone Assocs. LCC v. Heggings: NYLJ, p. 26, col. 5 (12/23/98) (Civ. Ct. NY; Malatzky, J)

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