Landlord Held onto Rent Check Paid by DSS

March 1, 1996

LVT Number: 10449

Landlord sued to evict tenant. But landlord admitted that after starting the eviction proceeding, she accepted and held several rent checks paid by DSS on tenant's behalf. Landlord argued that she didn't cash these checks. But the court ruled for tenant and dismissed the case. Landlord waived the right to proceed by accepting rent payments. This was deemed to be consent to a continued tenancy. It didn't matter that the checks were paid by DSS.

Landlord sued to evict tenant. But landlord admitted that after starting the eviction proceeding, she accepted and held several rent checks paid by DSS on tenant's behalf. Landlord argued that she didn't cash these checks. But the court ruled for tenant and dismissed the case. Landlord waived the right to proceed by accepting rent payments. This was deemed to be consent to a continued tenancy. It didn't matter that the checks were paid by DSS.

Moses v. Bash: NYLJ, p. 32, col. 6 (2/14/96) (Civ. Ct. Kings; Callender, J)

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