Landlord Accepted Three Months' Rent After Lease Termination

May 31, 2003

LVT Number: 16624

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that landlord waived its lease nonrenewal notice because landlord accepted rent from tenant for three months after tenant's lease expired. The court ruled against tenant. Landlord was a housing complex that received thousands of rent checks each month. Landlord presented believable proof at the trial that it continued to bill tenant because of a computer malfunction. Landlord didn't send tenant a renewal lease or increase tenant's rent. There wasn't an intent to give up a known right.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that landlord waived its lease nonrenewal notice because landlord accepted rent from tenant for three months after tenant's lease expired. The court ruled against tenant. Landlord was a housing complex that received thousands of rent checks each month. Landlord presented believable proof at the trial that it continued to bill tenant because of a computer malfunction. Landlord didn't send tenant a renewal lease or increase tenant's rent. There wasn't an intent to give up a known right.

PCV/St LLC v. Finn: NYLJ, 5/16/03, p. 18, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Schoenfeld, JJ)

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