Landlord Accepted Rent After Sending Nonrenewal Notice

April 1, 1993

LVT Number: 6852

Landlord sued to evict tenant to recover a rent-stabilized apartment for his own use and occupancy. The trial court dismissed landlord's petition because landlord accepted one month's rent from tenant after tenant's lease expired. Landlord appealed, and the appeals court reversed. Landlord sent tenant a notice of nonrenewal in July 1991. Tenant's lease expired on November 30. On November 26, landlord served a 30-day termination notice asking tenant to vacate by December 31. On December 17, landlord accepted December rent from tenant.

Landlord sued to evict tenant to recover a rent-stabilized apartment for his own use and occupancy. The trial court dismissed landlord's petition because landlord accepted one month's rent from tenant after tenant's lease expired. Landlord appealed, and the appeals court reversed. Landlord sent tenant a notice of nonrenewal in July 1991. Tenant's lease expired on November 30. On November 26, landlord served a 30-day termination notice asking tenant to vacate by December 31. On December 17, landlord accepted December rent from tenant. Landlord started the eviction proceeding on January 7, 1992. These facts show that landlord didn't intend to renew tenant's lease.

Okuniewski v. Genashj: NYLJ, p. 28, col. 2 (3/11/93) (App. T. 2 Dept.; Kassoff, PJ, Joy, Scholnick, JJ)

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