Landlord Didn't Waive Termination Notice

Landlord sued to evict tenant for engaging in criminal activity in his apartment. Tenant asked landlord to dismiss the case because landlord accepted rent payments after the tenancy was terminated. The court ruled against tenant. The court had previously given landlord permission to accept rent payments from tenant and a Section 8 administrator without prejudice to its right to maintain the eviction proceeding. Landlord received checks from tenant and the Section 8 administrator for the month of May 2006, cashed them, but returned the amount 14 days later. The court found that landlord didn't delay unreasonably and didn't waive its termination notice. Landlord receives one monthly check from the Section 8 program, covering over 200 tenants, and promptly returned tenant's May rent once its error was discovered.

Macleay Woods Housing Co., Inc. v. Franks: NYLJ, 10/1/07, pg. 20, col. 3 (City Ct. Westchester, Colangelo, J)