Eviction Warrant Not Vacated by Acceptance of Rent

February 1, 2004

LVT Number: 17088

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord in April 2001. On Nov. 6, 2003, an eviction warrant was issued after tenant's appeal was denied. On Nov. 12, tenant paid all back rent to the marshal. On Dec. 5, tenant was evicted. Tenant then asked the court to restore him to possession. The court ruled against tenant. Although landlord accepted rent after issuance of the eviction warrant, landlord showed no intent to revive the tenancy. So there was no basis to vacate the eviction warrant.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord in April 2001. On Nov. 6, 2003, an eviction warrant was issued after tenant's appeal was denied. On Nov. 12, tenant paid all back rent to the marshal. On Dec. 5, tenant was evicted. Tenant then asked the court to restore him to possession. The court ruled against tenant. Although landlord accepted rent after issuance of the eviction warrant, landlord showed no intent to revive the tenancy. So there was no basis to vacate the eviction warrant.

101 Maiden Ln. Realty Co. LLC v. Tran: NYLJ, 1/21/04, p. 18, col. 1 (Civ. Ct. NY; Nadelson, J)

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