Rent Bill Negates Termination Notice

Landlord co-op corporation sued to evict tenants for illegal sublet. Landlord sent them a termination notice to move out by the end of June 1994, and a rent bill for July 1994. Tenants argued that landlord gave up its right to object to the sublet because it knew they'd bought the apartment for investment purposes and had accepted their rent payments all along. Tenants also argued that the termination notice was ineffective because landlord sent them a rent bill for July 1994. The court agreed, and dismissed the case. The termination notice and rent bill were contradictoryone sought to end the tenancy, the other to collect rent for the period after the tenancy ended. So the rent bill negated the termination notice. And, because landlord's case was defective, the court didn't decide the issue of whether landlord gave up its right to object to the sublet.

320 East 35th Owners Corp. v. Shapiro: NYLJ, p. 28, col. 6 (12/27/94) (Civ. Ct. NY; Wendt, J)