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Landlord accepting partial payments?

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Landlord accepting partial payments?

Postby Justin09 » Sun Nov 01, 2009 12:46 pm

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.
Justin09
 

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