In a rent stabilized apartment, if a landlord takes you to court for non-payment but accepts partial payments ($400 or $500) with back rent still owed, does the landlord still have a leg to stand on in court or does the tenant win the non-payment case because the landlord collected a portion of what was owed even though the full amount was not completly paid off?
Example: Your monthly rent is $1,000.
You owe $2,000 for May and June's rent.
Landlord starts the non-payment procedure.
On July 15th you have a court hearing for the non-payment case.
The week before the hearing the landlord accepts a $500 partial payment towards the back rent owed.
How does this affect the non-payment case. Can he still evict the tenant because he still owes back rent or did the landlord screw himself by accepting the $500 partial payment? Please explain.