Although its lease expired on November 30, 2007, on December 1, 2007, Harmony sent a check for a month's rent to The Holy Spirit hoping to create a month-to-month tenancy. The Holy Spirit deposited the check twice, but it bounced each time due to insufficient funds.
When The Holy Spirit brought a holdover proceeding in the New York County Civil Court, Harmony asked the court to dismiss the case, arguing that The Holy Spirit's rent acceptance, and its retention of the check, were enough to create a month-to-month tenancy.
The Civil Court was unmoved by the disharmony and characterized it as "well settled that tender of a check, for an amount due, is not valid when there are insufficient funds on which the negotiable instrument is drawn."
Since "no real or actual payment occurred," The Holy Spirit's eviction proceeding was allowed to proceed to trial.
Say AMEN to the power of The Holy Spirit!
To download a copy of the Civil Court's decision, please use this link: Holy Spirit Assn. for the Unification of World Christianity v. World Harmony Found., Inc.