Acceptance of Rent from Brother Isn't Waiver

(Decision submitted by Manhattan attorney Murray Shactman, who represented the landlord.) Landlord sued to evict tenant based on nonprimary residence. Among other things, tenant claimed waiver because landlord accepted rent from tenant's brother for three months. The court ruled against tenant on this issue, finding that it wasn't a defense. There was no proof that tenant's brother ever lived in the apartment, so there could be no implication that there was a landlord-tenant relationship between landlord and tenant's brother. It was more reasonable to assume that landlord accepted rent from tenant's brother for tenant's convenience. Since landlord also showed that tenant was primarily residing in Las Vegas and not in the apartment, the court ruled for landlord.

Tabak v. Juan: L&T Index No. 113820/97 (1/29/99) (Civ. Ct. NY; Smith, J) [5-pg. doc.]