Landlord Accepted Rent After Sending Termination Notice

April 1, 1998

LVT Number: 12233

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord gave up the right to maintain the eviction case because it accepted three rent checks from tenant after the date landlord claimed to have terminated the tenancy. Landlord argued that this didn't matter because it didn't cash tenant's checks. The court ruled for tenant and dismissed the case. Landlord accepted rent checks for three months before bringing the court case. Landlord never returned the checks to tenant and didn't claim that the receipt and retention of the checks was accidental.

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord gave up the right to maintain the eviction case because it accepted three rent checks from tenant after the date landlord claimed to have terminated the tenancy. Landlord argued that this didn't matter because it didn't cash tenant's checks. The court ruled for tenant and dismissed the case. Landlord accepted rent checks for three months before bringing the court case. Landlord never returned the checks to tenant and didn't claim that the receipt and retention of the checks was accidental. Landlord's continued acceptance of tenant's checks under these circumstances created confusion and could have given tenant the impression that landlord didn't intend to actually evict him.

Roxborough Apt. Corp. v. Becker: NYLJ, p. 27, col. 2 (3/4/98) (Civ. Ct. NY; Acosta, J)

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