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Posted by VJ on April 16, 2000 at 22:40:37:

A recent NY Court case emphasizes the due diligence a Landlord must use when accepting rent
checks. In 640 Broadway Renaissance Co. -v- Eisner [NYLJ Part Y, Civil Court], The Court
ruled that the Landlord who accepted checks for three years from a subtenant (original Tenant
moved to California) cannot be evicted on non primary residence grounds. The eviction could
not take place despite the fact the lease specifically allowed the Landlord to accept rent without
recognizing them as a Tenant.

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Comments:
: A recent NY Court case emphasizes the due diligence a Landlord must use when accepting rent
: checks. In 640 Broadway Renaissance Co. -v- Eisner [NYLJ Part Y, Civil Court], The Court
: ruled that the Landlord who accepted checks for three years from a subtenant (original Tenant
: moved to California) cannot be evicted on non primary residence grounds. The eviction could
: not take place despite the fact the lease specifically allowed the Landlord to accept rent without
: recognizing them as a Tenant. 


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