Tenant's Deposit of Rent Check into Bank Lock Box Didn't Create Waiver of Termination Notice

September 24, 2017

LVT Number: #27900

Westchester County landlord sued to evict tenant for breaching her lease based on apartment conditions. The court ruled for landlord. Tenant appealed and lost. Tenant claimed that landlord's acceptance of a rent check after sending the termination notice waived the termination notice. But landlord's acceptance of an unsolicited rent check created no waiver where the managing agent had been instructed to terminate the tenancy and not accept rent payment, tenant deposited the unsolicited check into a bank lock box, and neither landlord nor its agent knew of the deposit. 

Westchester County landlord sued to evict tenant for breaching her lease based on apartment conditions. The court ruled for landlord. Tenant appealed and lost. Tenant claimed that landlord's acceptance of a rent check after sending the termination notice waived the termination notice. But landlord's acceptance of an unsolicited rent check created no waiver where the managing agent had been instructed to terminate the tenancy and not accept rent payment, tenant deposited the unsolicited check into a bank lock box, and neither landlord nor its agent knew of the deposit. 

Scarborough Manor Owners Corp. v. Robson: 2017 NY Slip Op 27279, 2017 WL 3880544 (App. T. 2 Dept.; 8/17/17; Brands, JP, Tolbert, Garguilo, JJ)

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