Legal Question in Landlord & Tenant Law in New York

Reusal of Rent Payments by the Landlord

My Landlord has refused to pick up the Rent for Dec. 2004 which was

sent by Certified Return Receipt mail and this mailing was returned to

me marked refused. Subsequently, he did pick up and cash the Rent

check for January; Picked up the Rent check for February but Returned it

to me saying it was mislabeled.

Can I consider his Refusal to accept my Rent checks to be a waiver of

these months rents?


Asked on 3/05/05, 12:59 am

3 Answers from Attorneys

Bunji Fromartz Fromartz Law Offices

Don't spend the rent $.

You are still responsible for the rent, though not late charges.

You do not state if you have been served with anyother notices form the landlord, if you have consult an attorney immediately regarding the landlord's claims.

If you presently have a lease you should be protected, if you do not you should make sure you are not being sued.

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Answered on 3/07/05, 11:04 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Reusal of Rent Payments by the Landlord

The game may be to leave the money with you in the hope that, when he does ask for the rent, you will have spent the money and then he can evict you.

Put the money in a new/separate bank account. Call it your 'escrow account'. Then, when it gets to court, you will have the money and you will argue that the landlord has waived the rent and that you should be able to keep the money.

If you have the money in a bank account and can show the judge, you may win. If you do not have the money, it is 100% you will lose.

When you get served with eviction papoers, then give me a call. I will meet with you for no fee and we can go over your options.

There is one other option; after six months, just leave the apartment and he will be unable to collect the past rent easily.

The 'NY Landlord/Tenant game has many variations.

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Answered on 3/07/05, 3:20 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Reusal of Rent Payments by the Landlord

No. It sounds like something else is going on. If he accepts the rent that waives defenses regarding extension of a lease. To know more I would need to discuss the situation with you directly.

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Answered on 3/05/05, 11:41 pm


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