Landlord Reinstated Tenancy by Accepting Rent After Lease Termination

Landlord sued to evict tenant. Landlord claimed that tenant was using a commercial unit illegally for residential purposes. Tenant asked the court to dismiss the case, and won. Landlord's termination notice ended the tenancy as of July 31, 2006. Tenant then sent landlord a check for August rent, which landlord accepted on August 10, 2006. Tenant received landlord's court papers on August 15, 2006. The court stated that accepting rent after the date set for termination in the termination notice, but prior to commencement of a holdover eviction proceeding, reinstates the tenancy and waives the notice to terminate.

Mushlam Inc. v. Nazor: NYLJ, 1/31/07, p. 22, col. 1 (Civ. Ct. NY; Mendez, J)