Legal Question in Landlord & Tenant Law in New York

Tenant problem - need help

I have a tenant who has repeatedly been late with rent. Currently, rent is due and beg. of Aug next rent will come due. Tenant sent a check with partial amount. I am afraid that accepting the check will imply something I don't want. Hence, I am looking for advice and potentially a representation in an eviction proceeding that start seeing inevitable.


Asked on 7/22/08, 5:24 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Tenant problem - need help

If there is a written agreement that is in full force and effect, than the writing holds. In other words, the amount of the rent, when it is paid, failure to pay rent, notification and consequences for failure.

If there is not written lease agreement in full force and effect, than the tenant is a month to month tenant. You would have to give (serve) a 30 day notice and not accept rent during that period of time. Acceptance of rent during the 30 day notice will re-start the monthly rent period.

Mike.

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Answered on 7/22/08, 6:36 pm


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