Landlord Returned Rent Checks After Sending Termination Notice

LVT Number: 17654

Landlord sued to evict tenant. Tenant claimed that landlord accepted rent checks after sending the termination notice and before sending the court papers that started the eviction case. Tenant claimed that this created waiver of tenancy termination. Landlord argued that it didn't cash the checks. The court ruled for tenant and dismissed the case. Landlord's notice stated that the tenancy was to terminate on March 31, 2004. But landlord held on to rent checks received from tenant for April, May, and June 2004, before starting the eviction case.

Landlord sued to evict tenant. Tenant claimed that landlord accepted rent checks after sending the termination notice and before sending the court papers that started the eviction case. Tenant claimed that this created waiver of tenancy termination. Landlord argued that it didn't cash the checks. The court ruled for tenant and dismissed the case. Landlord's notice stated that the tenancy was to terminate on March 31, 2004. But landlord held on to rent checks received from tenant for April, May, and June 2004, before starting the eviction case. This created a continuing landlord-tenant relationship.

Gomez v. Haldas: NYLJ, 9/21/04, p. 19, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)