Landlord Agreed to Renew Lease by Accepting Rent from Tenant

Landlord sued to evict rent-stabilized tenant for failing to renew his lease on time. Landlord claimed that it sent tenant a renewal lease offer in August 2006. When tenant didn't respond, landlord sent tenant another letter in October 2006, stating that tenant's lease would expire in November and that tenant must sign the renewal lease if he wished to stay in the apartment. Landlord then rejected the renewal lease signed by tenant because it wasn't returned within 60 days of the date landlord claimed that it was first sent to tenant in August 2006. Tenant asked the court to dismiss the case. He said he never received landlord's first notice of the renewal lease, and that he cured by signing the lease in response to landlord's second notice. The court ruled for tenant. Landlord sent tenant the second lease renewal notice after the 60-day period was up, so there was no harm in accepting the late signed renewal. And landlord continued to accept rent from tenant, which showed an intent to continue the tenancy.

ATM Four LLC v. Urrutia: NYLJ, 7/18/07, p. 20, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)