I (the landlord) obtained a judgment of possession and warrant of eviction (non-payment) against the tenant.

Asked about 2 months ago - Shirley, NY

The tenant asked me to allow him to stay one more month and offered me one month's rent for his stay. If I accept the offer of money, will the warrant of eviction issued by the court be nullified automatically? Can I still have it served at the end of the month if the tenant fails to leave or do I have to go to court to petition for a new warrant?

Attorney answers (2)

  1. Bruno Patrick Bianchi

    Contributor Level 17

    3

    Lawyers agree

    Answered . Your accepting rent from the tenant may be considered a renewal of the landlord/tenant relationship. You should consult your attorney about whether or not it would be appropriate for you to accept rent from your tenant and if so, how it should be handled.

    The above constitutes general information only and should not be considered legal advice.
  2. Steven Warren Smollens

    Contributor Level 20

    2

    Lawyers agree

    Answered . Dear Shirley Landlord:

    You best be careful and discuss with your lawyer if you should not take any more money. In New York, the eviction process is solely a creation of a statute and the procedure is strictly interpreted. The New York statute provides the relationship of landlord and tenant is "annulled" upon the issuance by the court of a warrant of eviction. That means, up to the time the court issues the warrant of eviction, the tenant has an absolute right to pay the judgment (money portion of the judgment for possession) and "redeem" the tenancy. Post issuance of a warrant, the landlord is not compelled to accept a tender of even the full money judgment, and unless the tenant gains a court order to force the landlord to accept the judgment amount, the tenant will be evicted. Of course (this is where it becomes tricky) should the landlord take the offer of rent and not cancel the eviction the landlord runs a risk that the tenant will gain a court order vacating the issued warrant. You run the risk that taking money after the warrant is issued may be determined by the court on the tenant's request for an order, as a vitiation of the warrant of eviction.

    If your own act invalidated the warrant, you will not be entitled to a new warrant in the same case.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more

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