Landlord Accepted Rent After Sending Termination Notice

August 31, 1998

LVT Number: 12639

Landlord sued to evict tenant. Tenant asked the court to dismiss the case without a trial because landlord accepted rent after sending its termination notice to tenant. However, landlord had returned the rent payment to tenant three weeks later and before the actual termination date. The court ruled against tenant. Whether landlord had given up its right to proceed under these circumstances was a question of fact that had to be decided at a trial.

Landlord sued to evict tenant. Tenant asked the court to dismiss the case without a trial because landlord accepted rent after sending its termination notice to tenant. However, landlord had returned the rent payment to tenant three weeks later and before the actual termination date. The court ruled against tenant. Whether landlord had given up its right to proceed under these circumstances was a question of fact that had to be decided at a trial.

Chester Brady Avenue LLC v. Perez: NYLJ, p. 23, col. 3 (8/26/98) (Civ. Ct. Bronx; Tao, J)

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