Landlord Accepted Rent After Tenancy Termination But Before Starting Eviction Proceeding

July 21, 2016

LVT Number: #27088

Landlord sued to evict tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord accepted rent after termination of the tenancy but before commencement of the proceeding. Landlord claimed that acceptance of the rent check was an excusable mistake because the payer’s name wasn’t on its “do not accept payment” list. The check was drawn on the account of the mother of tenant’s roommate. But this person had made rent payments on tenant’s behalf since 2011. The court ruled for tenant and dismissed the case.

Landlord sued to evict tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord accepted rent after termination of the tenancy but before commencement of the proceeding. Landlord claimed that acceptance of the rent check was an excusable mistake because the payer’s name wasn’t on its “do not accept payment” list. The check was drawn on the account of the mother of tenant’s roommate. But this person had made rent payments on tenant’s behalf since 2011. The court ruled for tenant and dismissed the case. A notice of termination is nullified if landlord accepts and keeps tenant’s rent payment after terminating a tenancy and before starting the eviction proceeding. 

 

 

 

Esplanade Gardens, Inc. v. Simms: Index No. 74586/2015, NYLJ No. 1202760514297 (Civ. Ct. NY; 6/6/16; Weisberg, J)

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