Landlord's Acceptance of Rent Voided Termination Notice

June 10, 2012

LVT Number: #24151

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord properly delivered a lease nonrenewal and termination notice, which stated that the tenancy expired on April 30, 2010, upon expiration of the lease. Prior to commencing the eviction proceeding, landlord accepted rent for the month of May 2010. Tenant asked the court to dismiss the case based on landlord's waiver. The court ruled for tenant. Landlord appealed and lost. Landlord argued that acceptance of rent for May 2010 at most created a month-to-month tenancy.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord properly delivered a lease nonrenewal and termination notice, which stated that the tenancy expired on April 30, 2010, upon expiration of the lease. Prior to commencing the eviction proceeding, landlord accepted rent for the month of May 2010. Tenant asked the court to dismiss the case based on landlord's waiver. The court ruled for tenant. Landlord appealed and lost. Landlord argued that acceptance of rent for May 2010 at most created a month-to-month tenancy. But, if so, landlord should have sent tenant a 30-day notice terminating the month-to-month tenancy. In any event, landlord's acceptance of rent after April 30, 2010, when it hadn't yet started the eviction case, nullified the nonrenewal notice. The case was properly dismissed.

Georgetown Unsold Shares, LLC v. Ledet: NYLJ, 5/30/12, p. 26, col. 1 (App. T. 2 Dept.; Weston, JP, Aliotta, Rios, JJ)

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