Landlord Delayed Cashing Tenant's Rent Checks

March 1, 1997

LVT Number: 11309

Landlord sued rent-stabilized tenant to recover back rent owed covering a five-year period. Tenant had paid the rent on time each month but landlord held the checks pending resolution of a dispute over the amount of the lawful rent. When landlord finally cashed the checks, they bounced. The court ruled for tenant because of landlord's delay in cashing the checks. Landlord appealed and won. Tenant remained responsible for payment of the checks until they were cashed. There was no question that the amount of the checks was the lawful rent.

Landlord sued rent-stabilized tenant to recover back rent owed covering a five-year period. Tenant had paid the rent on time each month but landlord held the checks pending resolution of a dispute over the amount of the lawful rent. When landlord finally cashed the checks, they bounced. The court ruled for tenant because of landlord's delay in cashing the checks. Landlord appealed and won. Tenant remained responsible for payment of the checks until they were cashed. There was no question that the amount of the checks was the lawful rent. There was no voluntary or intentional waiver by landlord of his rent claim and tenant wasn't harmed by landlord's delay.

Stern v. Young: NYLJ, p. 28, col. 4 (2/24/97) (App. T. 1 Dept.; Ostrau, PJ, Parness, McCooe, JJ)

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