Landlord Didn't Waive Right to Collect Back Rent by Signing Renewal Lease

LVT Number: 14981

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord couldn't evict him for nonpayment because he had renewed his lease while back rent was adding up. The court ruled for landlord. Tenant appealed and lost. Renewing tenant's lease didn't bar landlord from seeking eviction for nonpayment of rent, especially since landlord was required by law to renew tenant's lease and since tenant's lease contained a no-waiver clause.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord couldn't evict him for nonpayment because he had renewed his lease while back rent was adding up. The court ruled for landlord. Tenant appealed and lost. Renewing tenant's lease didn't bar landlord from seeking eviction for nonpayment of rent, especially since landlord was required by law to renew tenant's lease and since tenant's lease contained a no-waiver clause.

SAB 46 Schenck Assocs., LLC v. Fratangelo: NYLJ, 4/9/01, p. 32, col. 1 (App. T.2 Dept.; Floyd, PJ, Colabella, Coppola, JJ)