Landlord Vitiated Termination Notice by Accepting Rent Before Starting Eviction Case

Landlord sued to evict tenant based on a lease violation for disturbing neighbors by playing loud music. Tenant asked the court to dismiss the case because landlord accepted rent from tenant after expiration of the termination notice but before commencing the eviction proceeding. The court ruled for tenant. Landlord's acceptance of rent for part of the post-termination period, before the action was commenced, waived its right to proceed on the termination notice.

Greater Centennial Homes HDC v. Nicholas: Index No. 82-19, 2019 NY Slip Op 50507, NYLJ No. 1558252894 (City Ct. Mt. Vernon; 4/5/19; Seiden, J)