Landlord Deposited Tenant's Rent Check

December 1, 2004

LVT Number: 17778

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant asked the court to dismiss the case, claiming that landlord accepted rent for August 2004, a period after the July 31, 2004, tenancy termination date and before landlord started the eviction case. Landlord claimed that it had mistakenly billed tenant for August rent and hadn't intended to renew the tenancy. The court ruled for tenant and dismissed the case. Landlord not only billed tenant but also deposited the check. Once landlord did this, it couldn't claim inadvertent acceptance of rent.

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant asked the court to dismiss the case, claiming that landlord accepted rent for August 2004, a period after the July 31, 2004, tenancy termination date and before landlord started the eviction case. Landlord claimed that it had mistakenly billed tenant for August rent and hadn't intended to renew the tenancy. The court ruled for tenant and dismissed the case. Landlord not only billed tenant but also deposited the check. Once landlord did this, it couldn't claim inadvertent acceptance of rent.

Metropolitan Ins. Annuity Co. v. Rowinski: NYLJ, 11/10/04, p. 20, col. 3 (Civ. Ct. NY; Halprin, J)

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