Prior Landlord Accepted Lower Rent

May 31, 1995

LVT Number: 9787

Landlord sued to evict tenant. The court ruled for landlord, awarding possession and $3,000 in back rent. Tenant appealed, claiming landlord was bound by prior landlord's waiver of higher rent. The appeals court ruled against tenant. The acceptance of a lower rental by prior landlord didn't bar landlord from collecting the full rent set forth in tenant's lease.

Landlord sued to evict tenant. The court ruled for landlord, awarding possession and $3,000 in back rent. Tenant appealed, claiming landlord was bound by prior landlord's waiver of higher rent. The appeals court ruled against tenant. The acceptance of a lower rental by prior landlord didn't bar landlord from collecting the full rent set forth in tenant's lease.

45 South Elliott Partner v. Merchant: NYLJ,p. 34, col. 6 (5/19/95) (App. T. 2 Dept.; Kassoff,PJ, Chetta, Patterson, JJ)

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