Rent Check Returned to Tenants

Landlord sued to evict rent-stabilized tenants to recover apartment for owner occupancy. Tenants asked the court to dismiss the case. They claimed that landlord accepted rent after termination of the tenancy but before starting the court case. After a hearing, the court ruled against tenants. Landlord's managing agent had accepted one month's rent from two out of the three tenants involved after lease termination. But the rent checks were returned within one week after being mistakenly deposited. Under the circumstances, there was no waiver and landlord could go forward with the case.

Brown v. Robards: Index No. 88158/05 (6/7/06)(Civ. Ct. NY; Schneider, J) [2-pg. doc.]