Landlord Returned Rent Checks Sent for Period After It Ended Lease

June 30, 1997

LVT Number: 11626

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict tenant for nonprimary residence. Tenant asked the court to dismiss the case because landlord had accepted rent after sending the termination notice. The court ruled against tenant. Before beginning its court action, landlord returned rent checks for the period subsequent to the lease termination.

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict tenant for nonprimary residence. Tenant asked the court to dismiss the case because landlord had accepted rent after sending the termination notice. The court ruled against tenant. Before beginning its court action, landlord returned rent checks for the period subsequent to the lease termination. The fact that landlord inadvertently mailed tenant a rental notice after it terminated the lease but before commencement of the action also didn't invalidate the termination notice.

500 West End Ave. Owners, L.P. v. Deen: Index No. 112000/96 (2/24/97) (Civ. Ct. NY; James, J) [2-page document]

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