Landlord Didn't Waive Right to Paid

January 1, 2001

LVT Number: 14686

Landlord sued tenant to recover use and occupancy for a period of several years, during which time tenant didn't pay rent. Tenant claimed waiver because landlord hadn't billed him for rent during this time. The court ruled for landlord. Tenant appealed and lost. Even though tenant lived in the apartment for several years before landlord realized that he wasn't paying rent, landlord didn't waive its right to get paid.

Landlord sued tenant to recover use and occupancy for a period of several years, during which time tenant didn't pay rent. Tenant claimed waiver because landlord hadn't billed him for rent during this time. The court ruled for landlord. Tenant appealed and lost. Even though tenant lived in the apartment for several years before landlord realized that he wasn't paying rent, landlord didn't waive its right to get paid.

Goldman v. Segal: NYLJ, 12/18/00, p. 23, col. 1 (App. Div.1 Dept.; Sullivan, PJ, Rosenberger, Williams, Ellerin, Andrias, JJ)

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