Landlord Held Rent Checks After Sending Eviction Notice

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant asked the court to dismiss the case. Landlord had sent tenant a lease nonrenewal notice. Subsequently, landlord accepted rent for 14 months after tenant's lease expired and before commencing the court proceeding. Tenant said he assumed that landlord had abandoned his claim when he accepted tenant's rent checks. Landlord argued that he didn't cash tenant's checks. The court ruled for tenant and dismissed the case. Landlord's retention of tenant's rent checks, even if they were not cashed, was acceptance resulting in a waiver of the right to proceed with the eviction case.

Albanese v. Wilson: NYLJ, 1/3/07, p. 22, col. 1 (Civ. Ct. NY; Wendt, J)