Landlord Accepted Sporadic Rent Payments from Occupant

June 30, 2000

LVT Number: 14255

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The court ruled for landlord, and occupant appealed. Occupant claimed that he was entitled to remain in the apartment as new tenant because landlord had accepted rent payments from him. The appeals court ruled against occupant. Landlord's acceptance of sporadic rent payments after tenant's death didn't constitute a waiver of its right to object to occupant remaining in the apartment.

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The court ruled for landlord, and occupant appealed. Occupant claimed that he was entitled to remain in the apartment as new tenant because landlord had accepted rent payments from him. The appeals court ruled against occupant. Landlord's acceptance of sporadic rent payments after tenant's death didn't constitute a waiver of its right to object to occupant remaining in the apartment.

207 Realty Assocs. v. Vesterhalt: NYLJ, 6/26/00, p. 24, col. 3 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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