Landlord Could Refuse Personal Checks

April 30, 1998

LVT Number: 12318

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed, claiming that he'd attempted to pay rent and that landlord had refused payment. The court ruled against tenant. Tenant had a history of giving landlord bad checks. In a prior nonpayment case, tenant agreed not to pay future rent by personal check so that landlord could avoid the possibility that future checks wouldn't be honored when presented for payment. Under the circumstances, landlord could refuse tenant's personal check.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed, claiming that he'd attempted to pay rent and that landlord had refused payment. The court ruled against tenant. Tenant had a history of giving landlord bad checks. In a prior nonpayment case, tenant agreed not to pay future rent by personal check so that landlord could avoid the possibility that future checks wouldn't be honored when presented for payment. Under the circumstances, landlord could refuse tenant's personal check.

Roth v. Cornwall: NYLJ, p. 37, col. 4 (4/23/98) (App. T. 2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)

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