Landlord Didn't Waive Termination Notice

In July 2005, landlord sent rent-stabilized tenant a lease nonrenewal notice stating that tenant's lease would expire "on or about Nov. 30, 2005" and that landlord intended to recover tenant's apartment for nonresidential classroom use. Landlord was a not-for-profit charitable or educational institution. Landlord didn't start the eviction proceeding against tenant until Feb. 28, 2006. In response, tenant asked the court to dismiss the case. Tenant showed that her last renewal lease actually expired on Nov. 15, 2005. And landlord cashed a rent check from tenant for the period from Nov. 15 to Dec. 15, 2005. Tenant claimed that landlord thereby created a month-to-month tenancy and hadn't properly terminated this tenancy. The court ruled against tenant.
Tenant appealed and lost. Rent Stabilization Law Section 26-515(a) states that a landlord seeking to recover an apartment for its charitable educational purposes must notify tenant between 150 and 120 days before lease expiration of its intention not to renew tenant's lease. The law also states that tenant can remain in occupancy at the same monthly rent until landlord commences an eviction proceeding after the lease expiration. Therefore, the law specifically provides for the payment and acceptance of rent after the expiration of the lease and before the commencement of the proceeding, and doesn't require the service of an additional 30-day notice. And by paying the rent after the lease expiration, tenant accepted landlord's offer to remain in occupancy until the eviction proceeding was commenced.

Chaim v. Medina: NYLJ, 11/26/08, p. 38, col. 5 (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Rios, JJ)