If I am evicting my tenant because I need the apartment for a family member, can I still accept rent?

UPDATED: Oct 1, 2022

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If I am evicting my tenant because I need the apartment for a family member, can I still accept rent?

I have a legal two family home with a small one bedroom apartment in the
basement. I served my tenant with notice of eviction papers in August. She has
until October 6 to get out or I will be evicting her. I originally asked her to leave
in early March because I need the apartment for my elderly parents. She says
she can’t leave because she cannot afford anything else. I charge her well
below market value and have never raised her rent in 7 years. She does
however always pay her rent. My question is what do I do now, after October
6th? At that point I will start a real eviction process, but can I accept her rent,
since the rent payment has nothing to do with the reason for eviction?


Asked on September 29, 2018 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Accepting rent after the date that the tenant is supposed to leave is considered inconsistent with eviction: the logic--and how the law sees it--is that if you are accepting rent, you are looking to continue the tenancy and continue to get rent; you can't get the rent and get the apartment or unit back, too. So do not accept rent after the 6th or for any period of time after the 6th unless you are willing to keep them as a tenant. 

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