Landlord Accepted Rent Checks After Sublease Ended

December 1, 1997

LVT Number: 11981

Landlord sued to evict tenant after sublease had ended and tenant had moved out. Subtenant claimed that landlord had continued to accept checks from her after sublease ended and therefore had accepted her as tenant. The court ruled for subtenant, and landlord appealed and won. Generally, a tenancy can't be created by a waiver or estoppel. Here, landlord's acceptance of subtenant's checks after sublease ended was, at most, consent to extend the sublease. Landlord continued to bill tenant for rent, and tenant didn't surrender possession for another two years.

Landlord sued to evict tenant after sublease had ended and tenant had moved out. Subtenant claimed that landlord had continued to accept checks from her after sublease ended and therefore had accepted her as tenant. The court ruled for subtenant, and landlord appealed and won. Generally, a tenancy can't be created by a waiver or estoppel. Here, landlord's acceptance of subtenant's checks after sublease ended was, at most, consent to extend the sublease. Landlord continued to bill tenant for rent, and tenant didn't surrender possession for another two years. Subtenant never filled out a rental application and was never given a lease by landlord.

Plon Realty Corp. v. D'Abbracci: NYLJ, p. 25, col. 4 (11/14/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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