Landlord Returned Uncashed Rent Checks

January 1, 2001

LVT Number: 14688

Landlord sued to evict tenant for nonprimary residence. Tenant asked the court to dismiss the case. During the period after the tenancy was terminated, but before landlord started the court case, landlord continued to send rent statements to tenant. Tenant claimed that landlord also accepted rent during this period. The court ruled against tenant. The tenancy was terminated on April 30, 2000. Tenant sent landlord checks for the months of May and June. Landlord didn't cash either check and returned both checks to tenant on June 11. So there was no waiver.

Landlord sued to evict tenant for nonprimary residence. Tenant asked the court to dismiss the case. During the period after the tenancy was terminated, but before landlord started the court case, landlord continued to send rent statements to tenant. Tenant claimed that landlord also accepted rent during this period. The court ruled against tenant. The tenancy was terminated on April 30, 2000. Tenant sent landlord checks for the months of May and June. Landlord didn't cash either check and returned both checks to tenant on June 11. So there was no waiver.

348 Realty LLC v. Hardy: NYLJ, 12/13/00, p. 27, col. 2 (Civ. Ct. NY; Hoffman, J)

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