Landlord Cashed Rent Check After Sending Termination Notice

March 1, 2004

LVT Number: 17144

Landlord sued to evict tenant. Tenant claimed that landlord accepted rent after the date the tenancy ended. Landlord claimed that there was no waiver because it returned the money to tenant. The court ruled for tenant and dismissed the case. Landlord cashed tenant's check and sent the money back to tenant more than 30 days later, without explanation. Landlord revived the tenancy by doing so, and the termination notice landlord had sent now had no effect.

Landlord sued to evict tenant. Tenant claimed that landlord accepted rent after the date the tenancy ended. Landlord claimed that there was no waiver because it returned the money to tenant. The court ruled for tenant and dismissed the case. Landlord cashed tenant's check and sent the money back to tenant more than 30 days later, without explanation. Landlord revived the tenancy by doing so, and the termination notice landlord had sent now had no effect.

Growth Mgmt. Co. LLC v. Caviedes: NYLJ, 2/18/04, p. 24, col. 1 (Civ. Ct. Queens; Badillo, J)

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