Landlord Can't Seek Rent in Housing Court

January 1, 1993

LVT Number: 6635

(Decision submitted by Manhattan attorney Helene W. Hartig, attorney for the tenant.) Facts: Based on an oral agreement, tenant paid landlord rent for 1991 in advance. Tenant occupied the apartment for that year and continued to live there in 1992. Landlord rejected tenant's rent payments for January and February 1992, sent tenant a notice to quit, and started a nonpayment proceeding. Court: Landlord's petition was dismissed. No tenancy was created after the 1991 oral lease ended.

(Decision submitted by Manhattan attorney Helene W. Hartig, attorney for the tenant.) Facts: Based on an oral agreement, tenant paid landlord rent for 1991 in advance. Tenant occupied the apartment for that year and continued to live there in 1992. Landlord rejected tenant's rent payments for January and February 1992, sent tenant a notice to quit, and started a nonpayment proceeding. Court: Landlord's petition was dismissed. No tenancy was created after the 1991 oral lease ended. Landlord didn't accept rent in 1992 and deliberately rejected tenant's offer to continue on a month-to-month basis. Therefore, landlord couldn't claim that tenant defaulted in payment of his rent.

[Oz v. Stolpen: NYLJ, p. 22, col. 6 (12/9/92) (Civ. Ct. NY; Wendt, J)]. 8-page document.

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