Landlord Accepted Rent Checks from Occupant

Landlord sued to evict loft tenants for nonprimary residence. Loft occupant asked the court to dismiss the case. Occupant had moved in as tenants' roommate in 1990. In 1993 tenants moved out. Landlord sent a termination notice to tenants in July 1993 but started accepting rent checks from occupant in September 1993 and continued to do so for four years before attempting to evict occupant. The court ruled for occupant. Even though tenants' lease contained a clause stating that acceptance of rent didn't constitute a waiver or a default, landlord waived the clause by accepting rent with knowledge that tenants had moved out and because it made no effort to terminate tenants' lease.

640 Broadway Renaissance Co. v. Eisner: NYLJ, p. 30, col. 5 (3/18/98) (Civ. Ct. NY; Mills, J)