Landlord Claims Acceptance of Rent Related to Prior Case

January 1, 1999

LVT Number: 12932

Facts: Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord had accepted rent from him after the termination date of his lease and before the start of the court case. Landlord claimed it had accepted rent payments as use and occupancy as part of a prior, ongoing, illegal sublet case and that it had no effect on the nonprimary residence case. Tenant asked the court to dismiss the case without a trial. Court: Tenant loses.

Facts: Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord had accepted rent from him after the termination date of his lease and before the start of the court case. Landlord claimed it had accepted rent payments as use and occupancy as part of a prior, ongoing, illegal sublet case and that it had no effect on the nonprimary residence case. Tenant asked the court to dismiss the case without a trial. Court: Tenant loses. A trial was needed to determine whether landlord had given up its right to proceed or whether tenant was clearly paying use and occupancy under the prior settlement agreement.

South Parks Estates Co. v. Serocki: NYLJ, p. 26, col. 2 (12/23/98) (Civ. Ct. NY; Hoffman, J)

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