Landlord Accepted Rent After Sending Termination Notice

September 30, 2000

LVT Number: 14469

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case. He claimed that landlord accepted rent after the termination of his tenancy on April 30, but before starting the court case later in May. Landlord claimed that he didn't accept rent because he didn't deposit the check sent by tenant after April 30 for May and June rent. Landlord returned the check to tenant shortly after the court case was started in May. The court ruled for tenant. Landlord was deemed to have accepted the check, even though he didn't deposit it.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case. He claimed that landlord accepted rent after the termination of his tenancy on April 30, but before starting the court case later in May. Landlord claimed that he didn't accept rent because he didn't deposit the check sent by tenant after April 30 for May and June rent. Landlord returned the check to tenant shortly after the court case was started in May. The court ruled for tenant. Landlord was deemed to have accepted the check, even though he didn't deposit it.

Tursi v. Anderson: NYLJ, 9/27/00, p. 27, col. 4 (Civ. Ct. NY; Wendt, J)

Topics

More like this