Landlord Accepted Rent Checks from DSS

April 1, 2000

LVT Number: 14026

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. After the eviction, tenant asked the court to restore her to possession. She claimed that landlord had accepted four rent checks from DSS after her eviction. DSS had previously been paying most of tenant's rent. Landlord claimed that it accepted the checks without prejudice and applied them to the oldest back rent owed. Tenant claimed that, by cashing the checks, landlord accepted current rent and reinstated a landlord-tenant relationship with her. The court ruled against tenant.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. After the eviction, tenant asked the court to restore her to possession. She claimed that landlord had accepted four rent checks from DSS after her eviction. DSS had previously been paying most of tenant's rent. Landlord claimed that it accepted the checks without prejudice and applied them to the oldest back rent owed. Tenant claimed that, by cashing the checks, landlord accepted current rent and reinstated a landlord-tenant relationship with her. The court ruled against tenant. Landlord didn't intend to reinstate tenant, and there was no waiver.

SMJ Assocs. v. Stalling: NYLJ, 3/15/00, p. 28, col. 6 (Civ. Ct. Kings; Marton, J)

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