Landlord Accepted Rent After Settlement Period Ended

May 31, 2011

LVT Number: #23403

In a prior landlord-tenant proceeding, landlord and tenant signed a settlement agreement. Tenant agreed to pay back rent owed, and to move out by Sept. 30, 2010. Landlord then accepted an additional payment for October 2010. When tenant didn't move out, landlord sought to enforce an eviction warrant. Tenant asked the court to stop the eviction, claiming that landlord had created a new month-to-month tenancy. The court ruled for tenant. By accepting $2,300 for October 2010 under a handwritten agreement, landlord had created a new month-to-month tenancy.

In a prior landlord-tenant proceeding, landlord and tenant signed a settlement agreement. Tenant agreed to pay back rent owed, and to move out by Sept. 30, 2010. Landlord then accepted an additional payment for October 2010. When tenant didn't move out, landlord sought to enforce an eviction warrant. Tenant asked the court to stop the eviction, claiming that landlord had created a new month-to-month tenancy. The court ruled for tenant. By accepting $2,300 for October 2010 under a handwritten agreement, landlord had created a new month-to-month tenancy. The judgment and eviction warrant were vacated.

Islands Heritage Realty Corp. v. Joseph: Index No. LT-002642-10, NYLJ No. 1202492662252 (Dist. Ct. Nassau; 4/28/11; Fairgrieve, J)

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