Retention of Tenant Rent Credit Waived Termination Notice

Landlord sued to evict tenant for nuisance after sending a termination notice ending the tenancy on Jan. 31, 2010. Tenant asked the court to dismiss the case. She claimed that landlord accepted rent during the window period after termination on Jan. 31, but before starting the eviction proceeding. Landlord argued that it didn't collect rent. Tenant merely had a rent credit covering that period. The court ruled for tenant. February rent was deducted from tenant's rent credit and a large credit still remained. Landlord didn't refund the credit to tenant at that time, and still held the funds five months later without a reasonable excuse or explanation. This waived the termination notice even if landlord didn't intend to do so.

Plaza Residences LP v. Fields: NYLJ, 7/28/10, p. 28, col. 4 (Civ. Ct. Kings; Finkelstein, J)