Most seasoned landlord-tenant practitioners know to advise their landlord clients that once a lease is terminated, whether by service of a notice of termination or by virtue of the expiration of the lease by its terms, the landlord should not accept any rent from the tenant for any period after the termination of the lease and prior to the commencement of a holdover proceeding. The reason for this is simple: numerous cases have held that the acceptance of rent for any period after the termination of the lease, and prior to the commencement of a holdover proceeding, may serve to reinstate the tenancy.
The question of whether the landlord’s acceptance of rent for a period after the termination of the lease will actually operate to reinstate the tenancy depends on the facts and circumstances presented. The recently issued decision from the Appellate Term, Second Department in Scarborough Manor Owners Corp. v. Robson, NYLJ 1202797764350 (App. Term 2d Dept. Aug. 17, 2017) (Robson) explains the law in this area and provides an example of a case where the landlord’s post-termination acceptance of rent did not result in the reinstatement of the tenancy.
