Jamaica, NY asked in Landlord - Tenant for New York

Q: In a landlord tenant case in December, 2019 the parties were issued a Stipulation Agreement, rent-$400/month, due 15th,

vacate premises on or before May 31, 2020 after which I can petition Marshall removal. These tenants left to stay with their family im Baltimore on March 12 and have sent me rent up until April 15th. My question: in light of the eviction moratorium and the fact these people are out of town, should I accept the rent due in May?

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1 Lawyer Answer
Gregory Byrnes
Gregory Byrnes
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: It depends on the terms of the stipulation and without more facts, it is difficult to determine whether acceptance of rent would reinstate the tenancy. You should review RPAPL § 711:

"The tenant continues in possession of any portion of the premises after the expiration of his term, without the permission of the landlord or, in a case where a new lessee is entitled to possession, without the permission of the new lessee. Acceptance of rent after commencement of the special proceeding upon this ground shall not terminate such proceeding nor effect any award of possession to the landlord or to the new lessee, as the case may be. A proceeding seeking to recover possession of real property by reason of the termination of the term fixed in the lease pursuant to a provision contained therein giving the landlord the right to terminate the time fixed for occupancy under such agreement if he deem the tenant objectionable, shall not be maintainable unless the landlord shall by competent evidence establish to the satisfaction of the court that the tenant is objectionable."

https://www.nysenate.gov/legislation/laws/RPA/711

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