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