Landlord Accepted Rent After Ending Lease

LVT Number: 13456

Landlord sued to evict tenant. Tenant claimed that landlord accepted rent for June and July 1998, after his tenancy was terminated and before landlord started the eviction case. Tenant claimed that landlord had waived the right to bring the eviction case and asked the court to dismiss the case without a trial. The court ruled against tenant, and tenant appealed. The appeals court also ruled against tenant. The trial court correctly found that whether there was a waiver depended on landlord's intent, receipt, retention, and cashing of tenant's money orders.

Landlord sued to evict tenant. Tenant claimed that landlord accepted rent for June and July 1998, after his tenancy was terminated and before landlord started the eviction case. Tenant claimed that landlord had waived the right to bring the eviction case and asked the court to dismiss the case without a trial. The court ruled against tenant, and tenant appealed. The appeals court also ruled against tenant. The trial court correctly found that whether there was a waiver depended on landlord's intent, receipt, retention, and cashing of tenant's money orders. These were questions of fact that must be presented at a trial.

Gottlieb v. Scaringi: NYLJ, p. 26, col. 6 (7/8/99) (App. T.1 Dept.; McCooe, PJ, Freedman, Davis, JJ)