Landlord Held On to Rent Checks After Sending Termination Notice

February 1, 2006

LVT Number: 18666

Landlord sued to evict month-to-month tenants after sending tenants a 30-day termination notice. Tenants asked the court to dismiss the case. They claimed that landlord accepted rent for periods after the tenancy was terminated on Sept. 30, 2005, and before starting an eviction case in court. The court ruled for tenants. Landlord accepted direct payment of tenants' rent from DSS for the months of October, November, and December 2005. Landlord didn't cash the checks but held them, and didn't return them to DSS until December.

Landlord sued to evict month-to-month tenants after sending tenants a 30-day termination notice. Tenants asked the court to dismiss the case. They claimed that landlord accepted rent for periods after the tenancy was terminated on Sept. 30, 2005, and before starting an eviction case in court. The court ruled for tenants. Landlord accepted direct payment of tenants' rent from DSS for the months of October, November, and December 2005. Landlord didn't cash the checks but held them, and didn't return them to DSS until December. Holding on to the rent checks for as long as landlord did revoked the termination notice.

Community Housing Innovations Inc. v. McKee: NYLJ, 1/18/06, p. 21, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)

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