Landlord Accepted Rent After Sending Termination Notice

April 1, 1995

LVT Number: 9630

Facts: Landlord sued to evict tenant for nuisance based on tenant's use of a washing machine in his apartment. Tenant claimed that landlord gave up its right to go forward with its claim by accepting rent after terminating his tenancy and before starting the court proceeding. Landlord served the termination notice on tenant on April 5, 1994; the notice stated that the tenancy would be terminated effective April 21. Tenant paid her April rent on May 3, 1994 in person at landlord's office.

Facts: Landlord sued to evict tenant for nuisance based on tenant's use of a washing machine in his apartment. Tenant claimed that landlord gave up its right to go forward with its claim by accepting rent after terminating his tenancy and before starting the court proceeding. Landlord served the termination notice on tenant on April 5, 1994; the notice stated that the tenancy would be terminated effective April 21. Tenant paid her April rent on May 3, 1994 in person at landlord's office. The notice of petition and petition were served on tenant by nail-and-mail on May 4, after a first attempt at personal service on May 3. The affidavit of service was filed on May 5.

528 East 11th Street H.D.F.C. v. Durieaux: NYLJ, p. 28, col. 4 (3/22/95) (Civ. Ct. NY; Stallman, J)

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