George Ringler & Co. v. Schmelzeisen

The notice to quit was good despite the receipt, prior to the expiration of the lease, of rent for the month of March. It is only when after the expiration of the lease rent is received for a period after expiration that a waiver is presumed. Prindle v. Anderson, 19 Wend. 391. But there is res adjudícala here and it is the law of the case that the notice is bad. For the benefit of the parties upon a possible subsequent proceeding, it may be well to say that in our opinion the rent laws protect the tenant from removal, upon the grounds here, from that part of the premises leased as a dwelling,…