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Month to Month Question (Outside of New York)

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Month to Month Question (Outside of New York)

Postby Fair Guy » Thu Dec 01, 2011 1:11 pm

I am sure this has been asked before but I need help.

Here is the fact pattern:

Outside NYC (let's say a town in Nassau County, Long Island) a tenant and landlord had a lease that expired 4 years ago and not a rent control situation.

The tenant has been paying rent month to month and has been on time.

The landlord did not receive November rent and wants the tenant to leave (not because of late rent but that is part of it).

The landlord on November 23 asked the tenant (through a signed letter) for November rent because it was past due and notified the tenant that they would have to leave the apartment at the end of the December (under RPP Art 7 233-B).

My question(s) is/are

Can the landlord get

November rent? (My guess is yes because it was due before any notice to vacate)

December rent? (my worry is that if you accept the rent you start a new tenancy for another month but at the same time the tenant shouldn't be allowed to live rent free for a month)

Is there a case that solve(s) this (these) issue(s)? I assume this has happened a thousand times, I know this is not a sexy issue but this is not my area of expertise.

Thanks,

Fair Guy
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Postby TenantNet » Thu Dec 01, 2011 1:19 pm

The question you are asking is not clear, but I have a few questions:

Are you the tenant or the LL?

Is there a security deposit? Any damages?
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Postby Fair Guy » Thu Dec 01, 2011 1:23 pm

TenantNet wrote:The question you are asking is not clear, but I have a few questions:

Are you the tenant or the LL?

Is there a security deposit? Any damages?


I am neither, I am a friend of the LL. I don't do any L&T work, I am just trying to help out.

The security deposit is still being held by the LL. No damages that I know or he knows.
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Postby ronin » Thu Dec 01, 2011 4:56 pm

Gee. 4 years of timely rent that's probably over current market and LL wants to rush eviction for being late once?

My advice to the tenant is to consider stop paying altogether. Start looking for better places to rent on LI. Take the money you saved and move to a nicer place. Come back with a lawn chair and watch the greedy LL's foreclosure sign being mounted as said greedy LL pleads with you to come back to save his worthless mortgage.
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Postby Fair Guy » Thu Dec 01, 2011 5:28 pm

ronin wrote:Gee. 4 years of timely rent that's probably over current market and LL wants to rush eviction for being late once?

My advice to the tenant is to consider stop paying altogether. Start looking for better places to rent on LI. Take the money you saved and move to a nicer place. Come back with a lawn chair and watch the greedy LL's foreclosure sign being mounted as said greedy LL pleads with you to come back to save his worthless mortgage.


This isn't like that at all.

This isn't a fancy apartment, this is nothing like NYC. The rent is going to go up a very negligible amount (like $30.00).

The LL wants the T out, the T is a major nuisance to the other Ts. The LL just woke up, it was a coincidence that the T didn't pay rent this month because the T was out by the end of the year regardless.

So do you have a suggestion or know where I can purchase said lawn chair?
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Postby Fair Guy » Wed Dec 07, 2011 10:52 am

Anyone? I really appreciate it.
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Postby TenantNet » Wed Dec 07, 2011 11:04 am

You're on the wrong web site. We promote tenants' rights; we don't tell landlords how to evict their tenants.
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Postby Fair Guy » Sun Dec 11, 2011 4:56 pm

TenantNet wrote:You're on the wrong web site. We promote tenants' rights; we don't tell landlords how to evict their tenants.


I know that is why I am here, I wanted to know if the tenant had to pay the December rent. If the answer was Yes, I Would advise my friend to collect the rent as usual. If the answer was No, I would advise my friend to return December rent.

Okay so the update is as follows.

They both agreed to move on and move out. The T tendered December rent but the L wants to know if they have the right to deposit it without creating a new tenancy for another month.

Listen I know that people here don't like LL and I don't blame them, I came here to find out how things are done properly. If someone wants to help, I appreciate it. If not thank you for your time.
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Postby Emeraldstar » Sun Dec 11, 2011 11:33 pm

So do you have a suggestion or know where I can purchase said lawn chair?[/quote]

Home Depot :roll:
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Postby ronin » Fri Dec 16, 2011 9:57 pm

Well I think you are confused.

If the guy never paid November, but gave a check in December, why are you calling it December's rent? It may be that your friend the LL offered him November free in return for moving.
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