Rent Paid to Lock Box

November 1, 1999

LVT Number: 13674

Landlord sued to evict tenant for nonprimary residence. Tenant claimed landlord had accepted rent after sending the termination notice and so had waived the right to go forward with the case. The court ruled for tenant without a trial and dismissed the case. Landlord appealed and won. There were questions of fact concerning the circumstances of landlord's acceptance of one month's rent, which was paid to a lock box. The case was sent back for pretrial questioning.

Landlord sued to evict tenant for nonprimary residence. Tenant claimed landlord had accepted rent after sending the termination notice and so had waived the right to go forward with the case. The court ruled for tenant without a trial and dismissed the case. Landlord appealed and won. There were questions of fact concerning the circumstances of landlord's acceptance of one month's rent, which was paid to a lock box. The case was sent back for pretrial questioning.

Cleo Realty Assocs. v. Leff: NYLJ, p. 26, col. 2 (10/6/99) (App. T.1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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