Tenant Claims Landlord Waived Lease Termination

September 11, 2012

LVT Number: #24310

Landlord started a holdover proceeding to evict tenant after terminating tenancy. Tenant asked the court to dismiss the case outright because landlord had accepted a rent payment after terminating the tenancy but before starting the eviction proceeding. The court ruled against tenant, who appealed and lost. Acceptance of a single post-termination, pre-petition rent payment didn’t establish waiver. A trial was needed to determine landlord’s intent and the circumstances surrounding its receipt, retention, and negotiation of the money order in question.

Landlord started a holdover proceeding to evict tenant after terminating tenancy. Tenant asked the court to dismiss the case outright because landlord had accepted a rent payment after terminating the tenancy but before starting the eviction proceeding. The court ruled against tenant, who appealed and lost. Acceptance of a single post-termination, pre-petition rent payment didn’t establish waiver. A trial was needed to determine landlord’s intent and the circumstances surrounding its receipt, retention, and negotiation of the money order in question.

49 Terrace Corp. v. Richardson: NYLJ, 8/20/12, p. 18, col. 1 (App. T. 1 Dept.; Shulman, JP, Hunter Jr., Torres, JJ)

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