Landlord Accepted Rent After Eviction Warrant Issued

Facts: Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, but delayed execution of the eviction warrant. Tenant stipulated that he'd pay the $18,000 past-due rent over 12 months. Tenant made no payments, so the eviction warrant was issued. Tenant then filed a bankruptcy petition and got a stay against all creditors, including landlord. A month later, landlord got the bankruptcy court to lift the stay so that it could proceed with the eviction. In the meantime, tenant paid landlord $2,000. Tenant claimed that landlord revived their landlord-tenant relationship by accepting this rent. Landlord claimed that this money was merely applied to the past-due rent owed under the stipulation. Court: Landlord wins. Issuance of the eviction warrant ended tenant's relationship with landlord. Landlord's subsequent acceptance of rent didn't automatically revive the tenancy. The determining factor was landlord's intent. Tenant gave no proof that landlord had accepted the money as current rent. And landlord cashed the check after tenant filed the bankruptcy petition. Tenant had to pay landlord to get an automatic bankruptcy stay continued. Landlord also returned a second check tenant offered. Landlord clearly didn't intend to resume the landlord-tenant relationship.

International Properties Partnership v. Dinoia: NYLJ, p. 24, col. 4 (11/24/93) (Civ. Ct. NY; Rodriguez, J)