Landlord Accepted Rent After Sending Termination Notice

March 1, 1998

LVT Number: 12193

Landlord sued to evict tenant for illegal subletting. Before answering landlord's petition, tenant asked the court to dismiss the case because landlord accepted rent after sending tenant a termination notice but before sending and filing the petition. Landlord admitted that it had accepted rent after sending the termination notice. Tenant also claimed that the court shouldn't just dismiss the current petition but bar landlord from starting a new eviction case against tenant for the same reasons. The court dismissed the case but wouldn't bar landlord from starting a new one.

Landlord sued to evict tenant for illegal subletting. Before answering landlord's petition, tenant asked the court to dismiss the case because landlord accepted rent after sending tenant a termination notice but before sending and filing the petition. Landlord admitted that it had accepted rent after sending the termination notice. Tenant also claimed that the court shouldn't just dismiss the current petition but bar landlord from starting a new eviction case against tenant for the same reasons. The court dismissed the case but wouldn't bar landlord from starting a new one. This was premature since tenant had asked the court to dismiss the case before answering the petition.

Aaros Realty LLC v. Clements: NYLJ, p. 28, col. 5 (2/18/98) (Civ. Ct. NY; Acosta, J)

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