Landlord Didn't Reinstate Tenancy by Accepting Rent Check

April 17, 2007

LVT Number: 19537

After sending tenant a lease termination notice, landlord sued to evict tenant. Tenant asked the court to dismiss the case. Tenant claimed that landlord accepted rent after the date of the tenancy termination but before starting the court case. The court ruled for tenant. Landlord appealed and won. It wasn't clear that landlord intended to waive any known right when it initially accepted tenant's check covering July and August 2005 rent. Landlord previously had rejected tenant's check for July 2005 rent.

After sending tenant a lease termination notice, landlord sued to evict tenant. Tenant asked the court to dismiss the case. Tenant claimed that landlord accepted rent after the date of the tenancy termination but before starting the court case. The court ruled for tenant. Landlord appealed and won. It wasn't clear that landlord intended to waive any known right when it initially accepted tenant's check covering July and August 2005 rent. Landlord previously had rejected tenant's check for July 2005 rent. A trial was needed to determine landlord's intent and whether there was an actual waiver.

8 West 9th St., LLC v. Hunter: NYLJ, 3/13/07, p. 30, col. 3 (App. T. 1 Dept.; McKeon, PJ, McCooe, Klein Heitler, JJ)

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