Landlord Accepted Rent Checks from Tenant

July 31, 2005

LVT Number: 18281

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case. Landlord had accepted and deposited rent checks from tenant for at least three months after termination of the tenancy. The court ruled for tenant. Landlord appealed and lost. Landlord showed no facts to support its claim that deposit of the rent checks was an unavoidable error or that these payments represented use and occupancy under a prior agreement with tenant.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case. Landlord had accepted and deposited rent checks from tenant for at least three months after termination of the tenancy. The court ruled for tenant. Landlord appealed and lost. Landlord showed no facts to support its claim that deposit of the rent checks was an unavoidable error or that these payments represented use and occupancy under a prior agreement with tenant.

184 West 10th Corp. v. Westcott: NYLJ, 7/29/05, p. 24, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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