Landlord Accepted Rent After Terminating Tenancy

April 30, 2001

LVT Number: 14978

(Decision submitted by Alan G. Morley of the Manhattan law firm of Himmelstein McConnell Gribben & Donoghue, attorneys for the tenant.) Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord accepted rent after terminating the tenancy but before starting the court case. Landlord claimed that it accepted only one rent check by mistake after the tenancy was terminated and before starting the court case. The court ruled for tenant and dismissed the case. Landlord had accepted and cashed the rent check in question and didn't return that monthly rent amount.

(Decision submitted by Alan G. Morley of the Manhattan law firm of Himmelstein McConnell Gribben & Donoghue, attorneys for the tenant.) Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord accepted rent after terminating the tenancy but before starting the court case. Landlord claimed that it accepted only one rent check by mistake after the tenancy was terminated and before starting the court case. The court ruled for tenant and dismissed the case. Landlord had accepted and cashed the rent check in question and didn't return that monthly rent amount. Under the circumstances, landlord waived the termination of the tenancy.

Little v. Meehan: L&T Index No. 53823/01 (Civ. Ct. NY 3/21/01; Hoffman, J) [3-pg. doc.]

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