Landlord Accepted Rent After Sending Termination Notice

Landlord sued to evict rent-stabilized tenant to recover her apartment for his own use. Landlord had sent tenant a nonrenewal notice, stating that tenant's lease expired on May 31, 1994. In July 1994, before commencing the eviction action, tenant settled a pending 7A-nonpayment proceeding and gave landlord checks for June and July's rent. Tenant claimed that landlord's acceptance of these checks constituted a waiver of landlord's owner occupancy claim. Landlord claimed he was tricked by tenant. The court ruled against landlord. Landlord accepted rent from tenant for the period between termination of the tenancy and the start of the eviction proceeding. Tenant gave landlord two separate checks. Landlord had the opportunity to return them immediately. Landlord didn't do so, even though he lived in the building. Landlord then held onto the checks for two weeks and didn't return them to tenant until after starting the eviction proceeding. Landlord knowingly accepted tenant's rent after the end of the tenancy and before the start of the eviction proceeding.

Mannino v. Figueroa: NYLJ, p. 31 col. 1 (11/22/95) (Civ. Ct. Kings; Reichbach, J)