()

Judge Scott Fairgrieve

 

Read Full- Text Decision

Landlord Ochs sued to recover possession of the subject apartment from tenant Gordon in this holdover proceeding claiming termination of the monthly tenancy as of Dec. 31, 2016. Gordon moved for dismissal arguing the parties had a one year lease from a date preceding Ochs’ 30-day notice of termination that did not expire by its terms. She claimed the lease could not be terminated by a 30-day notice as the lease was still in effect. Gordon alleged the lease renewed yearly as the lease provided for renewal for successive one-year terms. Also, records showed Nassau County Section 8 program payments from Jan. 2016 to Feb. 2017 vitiating the termination notice and providing lease renewal for Oct. 2016 through Sept. 2017. Also, Gordon’s attorney confirmed that no payments were returned to Nassau County by Ochs. The court agreed finding evidence showed Ochs accepted Section 8 payments through Feb. 2017, and acceptance and retention of rent beyond the termination date of the lease was a waiver of Ochs’ rights to terminate the lease. Acceptance of rent constituted an implied continuance of Gordon’s tenancy subject to the same conditions as the original lease. As Ochs failed to show a good cause for termination existed, dismissal was granted.

Judge Scott Fairgrieve

 

Read Full- Text Decision

Landlord Ochs sued to recover possession of the subject apartment from tenant Gordon in this holdover proceeding claiming termination of the monthly tenancy as of Dec. 31, 2016. Gordon moved for dismissal arguing the parties had a one year lease from a date preceding Ochs’ 30-day notice of termination that did not expire by its terms. She claimed the lease could not be terminated by a 30-day notice as the lease was still in effect. Gordon alleged the lease renewed yearly as the lease provided for renewal for successive one-year terms. Also, records showed Nassau County Section 8 program payments from Jan. 2016 to Feb. 2017 vitiating the termination notice and providing lease renewal for Oct. 2016 through Sept. 2017. Also, Gordon’s attorney confirmed that no payments were returned to Nassau County by Ochs. The court agreed finding evidence showed Ochs accepted Section 8 payments through Feb. 2017, and acceptance and retention of rent beyond the termination date of the lease was a waiver of Ochs’ rights to terminate the lease. Acceptance of rent constituted an implied continuance of Gordon’s tenancy subject to the same conditions as the original lease. As Ochs failed to show a good cause for termination existed, dismissal was granted.