Landlord Accepted Renewal Lease After Warrant Issued

April 1, 2004

LVT Number: 17214

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. After the warrant was issued, tenant signed and returned a renewal lease to landlord, along with an increased security deposit. Landlord accepted the deposit and didn't return it. Tenant then asked the court to be restored to possession. The court ruled for tenant. Landlord appealed and lost. Landlord's acceptance of the renewal lease after issuance of the eviction warrant revived the tenancy.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. After the warrant was issued, tenant signed and returned a renewal lease to landlord, along with an increased security deposit. Landlord accepted the deposit and didn't return it. Tenant then asked the court to be restored to possession. The court ruled for tenant. Landlord appealed and lost. Landlord's acceptance of the renewal lease after issuance of the eviction warrant revived the tenancy.

Kew Gardens Assocs. LLC v. Camacho: NYLJ, 3/10/04, p. 26, col. 2 (App. T. 2 Dept.; Pesce, PJ, Aronin, Rios, JJ)

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