Posted by DK on March 09, 1999 at 18:53:12:
In Reply to: landlord acceptance of rent posted by Felecia on March 09, 1999 at 16:06:18:
In New York, the law generally is that merely depositing a check does not preclude claiming a greater balance due. The landlord would only be bound by the smaller payment if you can show that there was a settlement agreement for the lower amount, or if you specifically said at the time of delivery of the check that it should be returned if it would not be accepted as a full settlement of the amount due.
: If a landlord accepts and cashes a check for an amount lower than what landlord bills tenant, does that constitute acknowledgement and/or acceptance of the lower rent?
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