Landlord Accepted Rent Before Termination of Tenancy

March 1, 1997

LVT Number: 11335

Landlord sued to evict loft tenant for nonprimary residence. The court ruled for landlord, and tenant appealed, claiming that landlord accepted rent after terminating the tenancy. The appeals court ruled against tenant. Landlord's acceptance of rent after service of the termination notice and prior to the beginning of the holdover proceeding didn't waive its claim. Landlord was free to accept rent for the period prior to actual termination of tenancy.

Landlord sued to evict loft tenant for nonprimary residence. The court ruled for landlord, and tenant appealed, claiming that landlord accepted rent after terminating the tenancy. The appeals court ruled against tenant. Landlord's acceptance of rent after service of the termination notice and prior to the beginning of the holdover proceeding didn't waive its claim. Landlord was free to accept rent for the period prior to actual termination of tenancy.

J.R. Building Assocs. v. Ellman: NYLJ, p. 25, col. 1 (2/25/97) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)

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