Landlord Rejected Rent Payments

April 1, 2001

LVT Number: 14903

Landlord sued to evict tenant for nonprimary residence. Tenant argued that landlord had accepted rent after terminating the tenancy but before starting the court case. Tenant claimed that this was a waiver, which had reinstated his tenancy. The court ruled for tenant. Landlord appealed and won. The tenancy was terminated on March 31. Landlord started the eviction case in October of the same year. During that seven-month period, landlord didn't bill tenant for rent.

Landlord sued to evict tenant for nonprimary residence. Tenant argued that landlord had accepted rent after terminating the tenancy but before starting the court case. Tenant claimed that this was a waiver, which had reinstated his tenancy. The court ruled for tenant. Landlord appealed and won. The tenancy was terminated on March 31. Landlord started the eviction case in October of the same year. During that seven-month period, landlord didn't bill tenant for rent. Tenant repeatedly sent in rent, and landlord repeatedly returned it with letters stating that due to the anticipated court case it couldn't accept rent. The fact that landlord mistakenly accepted one check in June didn't void the case. Tenant was on notice of landlord's intent and shouldn't be rewarded for gamesmanship.

Shared Equities Co. v. Roselle: NYLJ, 3/30/01, p. 20, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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