Landlord Accepted Rent Checks from DSS

November 1, 1993

LVT Number: 8334

Landlord sued to evict tenant for nuisance because tenant kept a dog in her apartment in violation of her lease. Tenant claimed that landlord continued to accept and deposit rent checks after the 30-day notice expired and before starting the eviction action. Landlord claimed that there was no waiver because the checks came from the DSS, not directly from tenant. Landlord argued that these checks would have become stale if not cashed. The court ruled for tenant. Landlord can't accept rent after the effective date of a termination notice and before beginning an eviction proceeding.

Landlord sued to evict tenant for nuisance because tenant kept a dog in her apartment in violation of her lease. Tenant claimed that landlord continued to accept and deposit rent checks after the 30-day notice expired and before starting the eviction action. Landlord claimed that there was no waiver because the checks came from the DSS, not directly from tenant. Landlord argued that these checks would have become stale if not cashed. The court ruled for tenant. Landlord can't accept rent after the effective date of a termination notice and before beginning an eviction proceeding. And tenant didn't have to prove she knew landlord was accepting the DSS checks or that knowing this had caused her confusion as to her status.

Oceanview Realty Co. v. Rayford: NYLJ, p. 25, col. 3 (10/13/93) (Civ. Ct. Queens; Franke, J)

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