Landlord Didn't Waive Tenancy Termination by Accepting Rent

July 31, 2009

LVT Number: #22101

Landlord housing authority terminated tenant's tenancy based on objectionable conduct, and later started an eviction proceeding against tenant. Tenant claimed that landlord waived the tenancy termination by accepting rent after terminating his tenancy. Tenant asked the court to dismiss the case. The court ruled for landlord. There was no waiver by landlord, who sought rent for a period during which a grievance proceeding by tenant was pending, and landlord couldn't yet enforce the eviction clause of tenant's lease.

Landlord housing authority terminated tenant's tenancy based on objectionable conduct, and later started an eviction proceeding against tenant. Tenant claimed that landlord waived the tenancy termination by accepting rent after terminating his tenancy. Tenant asked the court to dismiss the case. The court ruled for landlord. There was no waiver by landlord, who sought rent for a period during which a grievance proceeding by tenant was pending, and landlord couldn't yet enforce the eviction clause of tenant's lease.

Town of Oyster Bay Housing Authority v. Schwartz: NYLJ, 7/22/09, p. 27, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)

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