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Month-to-month: rent accepted after giving 30 day notice

Rights for non-regulated tenants

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Month-to-month: rent accepted after giving 30 day notice

Postby an0n » Tue Aug 06, 2013 5:53 pm

Suppose I am a month-to-month T and got a 30-day notice from LL to vacate, which was served properly
Suppose also that LL accepted my check for the 30-day period. Someone told me this nullifies the notice, is that true? I don't see the logic

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Postby TenantNet » Tue Aug 06, 2013 6:40 pm

Acceptance of rent in the window period - the date of the Notice of Termination and the commencement of a proceeding in Housing Court can reinstate the tenancy and cause the proceeding to be dismissed.

But that is where the LL terminates the tenancy in the middle of a lease, usually for some cause the LL claims the tenant is doing that violates the lease.

I don't think it would apply to a month-to-month tenancy in the same way, but it should have some impact in my opinion. Acceptance of rent is known to vitiate the termination notice, meaning the LL can't maintain the proceeding. But as a month-to-month tenant, the tenancy ends at the end of the month anyway.

In NYC, LLs are required to give 30 days' notice to M2M tenants. So if the termination notice has been vitiated, then the LL would need to serve you with another termination notice.

This is my take on this sort of situation, but you might like to get other opinions as well.
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