Landlord Accepted Rent After Sending a Non-renewal Notice

Landlord sent tenant a timely notice of non-renewal of her lease, claiming that she didn't occupy the apartment as her primary residence. Tenant's lease expired on September 30, 1989. Landlord accepted rent for October and November 1989, before sending tenant a 30-day notice terminating the tenancy as of December 31, 1989. Landlord accepted December and January rent, and then started a holdover proceeding in January 1990. Landlord continued to accept rent until March 1990 when it seemingly realized its error. Landlord then sent a new 30-day notice and started a new holdover proceeding in May 1990. The trial court dismissed landlord's case. Landlord's acceptance of rent for four months after the expiration of the tenancy was inconsistent with its non-renewal notice. Landlord's appeal was dismissed.

[Ivy Realty Associates and Privet Associates, Partnerships v. Frazier: NYLJ, p. 25, col. 3 (12/3/92) (App. T. 1 Dept.; Ostrau, PJ, Riccobono, Parness, JJ)].