Landlord Accepted Partial Rent

June 30, 1997

LVT Number: 11630

Landlord sued tenant to recover back rent owed for two apartments for the period between July 1988 and September 1991. Tenant claimed that all past rent had been paid. The court ruled against landlord without a trial, finding that tenant had paid the rent due. Landlord appealed. Although landlord endorsed checks written by tenant in October 1994 in a way to indicate full payment, landlord apparently intended this to mean full payment for that month. The amounts paid that month were the amounts due for that month only.

Landlord sued tenant to recover back rent owed for two apartments for the period between July 1988 and September 1991. Tenant claimed that all past rent had been paid. The court ruled against landlord without a trial, finding that tenant had paid the rent due. Landlord appealed. Although landlord endorsed checks written by tenant in October 1994 in a way to indicate full payment, landlord apparently intended this to mean full payment for that month. The amounts paid that month were the amounts due for that month only. The appeals court ruled for landlord and sent the case back for a trial on how much past rent was actually due.

Rox Riv 83 Partners v. Ettinger: NYLJ, p. 35, col. 5 (6/6/97) (App. Div. 2 Dept.; Bracken, JP, Copertino, Pizzuto, Santucci, JJ)

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