Landlord Accepted Post-Judgment Rent

November 1, 2000

LVT Number: 14491

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant then paid the back rent due and rent for a period after the date of the judgment. Landlord accepted the back rent and the new rent. Tenant was then evicted. Tenant asked the court to restore him to possession because landlord had accepted the post-judgment rent. The court ruled for tenant. Landlord appealed and lost. Landlord's acceptance of post-judgment rent from tenant restored the tenancy. So tenant was properly restored to possession.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant then paid the back rent due and rent for a period after the date of the judgment. Landlord accepted the back rent and the new rent. Tenant was then evicted. Tenant asked the court to restore him to possession because landlord had accepted the post-judgment rent. The court ruled for tenant. Landlord appealed and lost. Landlord's acceptance of post-judgment rent from tenant restored the tenancy. So tenant was properly restored to possession.

467 42nd St. Inc. v. Decker: NYLJ, 10/13/00, p. 27, col. 5 (App. T.2 Dept.; Scholnick, PJ, Chetta, Patterson, JJ)

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