Landlord Accepted Rent After Warrant Issued

June 30, 2002

LVT Number: 15918

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to make one payment by March 31 and a second payment plus April rent by April 30. An eviction warrant was issued on April 12. When tenant didn't pay the April rent, landlord sought execution of the warrant. Landlord accepted two checks from tenant on May 13. One was marked ''May rent.'' Tenant was evicted on May 28. Shortly after that, tenant asked the court to be restored to possession. The court ruled for tenant.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to make one payment by March 31 and a second payment plus April rent by April 30. An eviction warrant was issued on April 12. When tenant didn't pay the April rent, landlord sought execution of the warrant. Landlord accepted two checks from tenant on May 13. One was marked ''May rent.'' Tenant was evicted on May 28. Shortly after that, tenant asked the court to be restored to possession. The court ruled for tenant. Landlord's acceptance of the May rent restored the landlord-tenant relationship.

1245 Realty LLC v. Edwards: NYLJ, 6/26/02, p. 21, col. 6 (Civ. Ct. Kings; Pinckney, J)

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