No Waiver by Acceptance of One Post-Termination Rent Check

August 31, 2011

LVT Number: #23584

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case because landlord had accepted tenant's rent check between termination of the tenancy and commencement of the court proceeding. The court ruled against tenant, who appealed and lost. Landlord's acceptance of a single, unsolicited rent check from tenant during this window period wasn't a waiver since it didn't prove that landlord intended to give up its known right to terminate the tenancy.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case because landlord had accepted tenant's rent check between termination of the tenancy and commencement of the court proceeding. The court ruled against tenant, who appealed and lost. Landlord's acceptance of a single, unsolicited rent check from tenant during this window period wasn't a waiver since it didn't prove that landlord intended to give up its known right to terminate the tenancy.

Beacon 109 223-225 LLC v. Wu: 32 Misc.3d 140(A), 2011 NY Slip Op 51570(U)(App. T 1 Dept.; 8/18/11; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)

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