South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)

Citation: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Parent Document: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-05-07
Original Source: https://www.courtlistener.com/opinion/9500911/south-brooklyn-ry-co-v-heung-man-lau/ ↗

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A landlord vitiates (i.e., waives [FN11]
) its notice of termination by accepting rent before commencing a holdover proceeding (see 92 Bergenbrooklyn, LLC, 50 Misc 3d at 26; see also 175 E. Parkway Assoc. v Baptiste, 31 Misc 3d 138[A], 2011 NY Slip Op 50767[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2011] ["This court has held that the acceptance of rent for the period after the termination of the lease vitiates the notice of termination and the petition must be dismissed." (internal citations omitted)]; Andrew Scherer, Residential Landlord Tenant Law in New York § 11:12 [December 2023 update] ["Another way in which acceptance of rent can operate as a waiver to a landlord's right to proceed in a holdover proceeding is where the landlord accepts rent after the date set for termination of the tenancy in a termination notice but prior to commencement of the holdover proceeding. Acceptance of rent at this time reinstates the tenancy and waives the notice to terminate." (internal citations omitted)]).

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