Landlord's Acceptance of Overpayment Not Considered Waiver

November 1, 1996

LVT Number: 11040

Landlord sued to evict tenant. The court ruled for landlord, and tenant appealed, claiming waiver because landlord had accepted overpayments of rent. The appeals court ruled against tenant. Landlord's acceptance of overpayments of monthly rent didn't show an intent to accept rent for the period after termination of tenant's lease or to waive the termination notice.

Landlord sued to evict tenant. The court ruled for landlord, and tenant appealed, claiming waiver because landlord had accepted overpayments of rent. The appeals court ruled against tenant. Landlord's acceptance of overpayments of monthly rent didn't show an intent to accept rent for the period after termination of tenant's lease or to waive the termination notice.

Slevin v. Barreto: NYLJ, p. 26, col. 6 (10/2/96) (App. T. 2 Dept.; Scholnick, JP, Aronin, Patterson, JJ)

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