Normally, once a landlord knows of a possible material breach of a lease, its collection of rent from a tenant will constitute ,a waiver of that breach. (See, e.g., Le Tam Realty Corp. v Hand, NYLJ, July 16,1980, p 10, col 2 [App Term, 1st Dept];Ilfin Co. v Gatto, NYLJ, Nov. 26,1979, p 6, col 1 [App Term, 1st Dept].) The landlord with knowledge of a material breach of a lease is, as a practical matter, given two choices: (1) waive the breach, accept the rent and continue the tenancy, or (2) terminate the tenancy in accordance with the lease’s terms and, if necessary, commence a holdover proceeding. The second course, obviously prohibits the acceptance of rent after the lease is terminated. (See, e.g., Maidman Props, v Rebuilt Mach. Corp., 54 NYS2d 263.) However, in 1946 the Legislature determined to overrule cases such as Maidman (supra), by amending the then Civil Practice Act (L 1946, ch 684) to allow rent to be accepted “during” a holdover proceeding; that meant that after the petition was served, indeed, even after a final judgment, the landlord could accept rent. (See, e.g., Empire State v Graceline Handbags, 192 Misc 679; Leonis v Am*361brosino, 188 Misc 820 [App Term, 1st Dept]; Greenberg v Karnetsky, 188 Misc 674 [App Term, 2d Dept].) The current codification of the statue, RPAPL 711 (subd 1) provides, in pertinent part: “A special proceeding may be maintained under this article upon the following grounds: 1. The tenant continues in possession of any portion of the premises after the expiration of his term without the permission of the landlord * * * Acceptance of rent after commencement of the special proceeding upon this ground, shall not terminate such proceeding nor affect any award of possession to the landlord or the new lessee, as the case may be.”