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Re: Does substantial partial payment constitute non-payment of rent?

Posted by Anna on June 19, 2000 at 20:39:25:

In Reply to: Does substantial partial payment constitute non-payment of rent? posted by kamichelle on June 19, 2000 at 15:15:10:

: I live in Suffolk County, NY. I have a 2 bdrm apt. My rent is $950 per month. Although the lease ended Jan 2000, we have stayed on and the landlord has accepted our rent from us on a month-to-month basis.

: However this June's rent payment was too much for me to make because my husband was let go of his job on June 2nd. Although we had planned to pay it in full as we always do, we decided to pay $400 and sent it to landlord via certified mail, return receipt. Well all hell broke loose. The landlord called and demanded his money in 2 days or he would "take legal action."

: What we want to know is this: Can he say that we are guilty of non-payment after we gave him a substantial payment of $400 towards a $950 rent? We always have paid on time and in full in the past. He recently sent an eviction notice (typed by his wife) asking us to be out by July 12, 2000.

: Well folks, guilty of non-payment of rent or not?


He can evict you if you're $1.00 short of the whole rent.

Did you receive a 'no-reason-needed-30-day' notice to vacate or a rent demand?

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