Landlord Accepted Rent After Sending Termination Notice

Landlord sued to evict rent-stabilized tenant for unauthorized subletting of her apartment. Tenant asked the court to dismiss the case without a trial. She claimed that landlord accepted payment of rent after service of its termination notice but before commencement of the eviction proceeding. The court ruled that this question would have to wait for trial. The effect of the acceptance of rent differs when the issue is in relation to service of a nonrenewal notice as opposed to a notice of termination for breach of lease by unauthorized subletting. There also are questions of whether the acceptance of rent created any confusion. And it wasn't clear who delivered the rent payments, whether they were personally accepted by landlord, and whether there was any discussion between the parties about the rent.

603-07 Realty Holdings, Inc. v. Guzman: 2013 NY Slip Op 51011(U), 2013 WL 3242780 (Civ. Ct. NY; 6/27/13; Kraus, J)