Landlord Didn't Revive Tenancy by Sending Tenant a Renewal Offer

Landlord sued to evict tenant for nonpayment of rent. In a stipulation, tenant agreed to pay a reduced amount of back rent and to move out by June 30, 1992. Tenant later asked the court to vacate the agreement, and the court refused. Tenant appealed, and the appeals court also refused. But, while tenant's appeal was pending, landlord's managing agent mistakenly sent tenant a routine renewal lease. After tenant signed the renewal lease, and paid three months' rent under that lease, tenant again asked the court to vacate the agreement and eviction warrant, arguing that the renewal lease and landlord's acceptance of rent had revived the tenancy. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. The renewal lease had been sent in error, and landlord never intended to revive the tenancy. Also, once tenant signed the agreement and promised to move out by a specific date, she gave up her right to the apartment.

Coleman v. Dabrowski: NYLJ, p. 25, col. 3 (12/6/94) (App. T. 1 Dept.; Parness, JP, McCooe, Miller, JJ)