Tenant Didn't Prove Acceptance of Rent

July 31, 1998

LVT Number: 12564

Landlord sued to evict tenant. Tenant claimed that landlord accepted rent from him after sending the termination notice and before starting the court case and that, therefore, the case should be dismissed without a trial. The court ruled against tenant, and tenant appealed. The appeals court ruled against tenant. Tenant didn't prove any waiver by landlord. He'd stated very few details describing the circumstances or chronology of landlord's acceptance of his April 1997 rent payment.

Landlord sued to evict tenant. Tenant claimed that landlord accepted rent from him after sending the termination notice and before starting the court case and that, therefore, the case should be dismissed without a trial. The court ruled against tenant, and tenant appealed. The appeals court ruled against tenant. Tenant didn't prove any waiver by landlord. He'd stated very few details describing the circumstances or chronology of landlord's acceptance of his April 1997 rent payment.

27th Street Assocs. v. Kaufman: NYLJ, p. 21, col. 3 (7/23/98) (App. T. 1 Dept.; Freedman, JP, Davis, Gonzalez, JJ)

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