Landlord Accepted Rent Checks as Use and Occupancy

June 30, 1993

LVT Number: 8029

Landlord sued to evict tenant to recover apartment for owner occupancy. The trial court dismissed landlord's petition without a trial because landlord had accepted rent for two months after tenant's lease expired. Landlord appealed, claiming that his attorney and tenant had agreed that these payments would be considered as use and occupancy---not rent payments. The court found that there was a factual question as to whether landlord had waived his right to proceed by accepting these payments. A trial was needed.

Landlord sued to evict tenant to recover apartment for owner occupancy. The trial court dismissed landlord's petition without a trial because landlord had accepted rent for two months after tenant's lease expired. Landlord appealed, claiming that his attorney and tenant had agreed that these payments would be considered as use and occupancy---not rent payments. The court found that there was a factual question as to whether landlord had waived his right to proceed by accepting these payments. A trial was needed.

Reisman v. Johnson: NYLJ, p. 25, col. 6 (6/10/93) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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