Cashing Rent Check After Non Renewal Notice To Month To Month Tenant

[alanryder]

New York. I have a month to month garage tenant who was given notice that their lease will not be renewed. The rent was raised, but they still paid the old rent last month. I cashed it then as I couldn't serve them till the end of the month for the next month anyway. I understand I don't need a reason to get them out, and it might be easier to just not renew their lease than to get them out for nonpayment of rent.

They sent the old rent for this month again. I thought that if I cash their rent check it voids the quit notice. I had read something on the net though by a tenant landlord lawyer that you can cash the check AFTER you give them notice, as they are receiving benefit of renting your property. Cashing it BEFORE giving them notice (rent paid was for the 30 day time period they were given to get out) does void the non renewal notice though. It would be cashed after giving notice.

They were given 30 days notice to get out by 9/30 at the end of last month. Can I now cash their rent check for 9/1-9/30 without voiding the non renewal notice? Any truth to what I wrote in the paragraph above? Thanks so much!What is the name of your state (only U.S. law)?

 

[CA LL]

I believe you have misunderstood something here. If you accept rent BEYOND the final last date of the termination notice THEN you may risk voiding the notice. But of course you can collect and cash rent money for the period OF the notice since they still will be there! If you cash a check for a lesser amount (w/o the increase) you may risk voided rent increase though..especially if over several months...I am not clear on that though...post was a bit confusing to me.

What is a GARAGE tenant? If you mean using only the garage and NOT residential rental, then different laws may apply in your state.

 

[HuAi]

And if you mean you have an illegal apt in your garage - court will not award you back rent anyway.

 

[alanryder]

No, nothing illegal. My tenants are just using it for storage for their store. No one is living there.

 

[ecmst12]

If you accept rent for october, it voids your notice. Since this is not a residential space, you probably don't even have to go through the courts for eviction. Just send back the rent check and remind them that the locks will be changed on 10/1 and they need to remove their property before then. If they do not, you will have to look up your state laws regarding abandoned property to find out how you can legally get it out of your space.

 

[alanryder]

Thanks! I was told an eviction was needed though if they won't get out. I have to get a court order and then get a marshal to get their things out. No? Isn't changing the locks an unlawful eviction even though they are getting notice?

So I CAN accept the rent for SEPTEMBER then, when they were told to vacate by 9/30? I know I can't accept October's rent. Are you telling me to send back Septembers rent, or Octobers rent, if they send it. Please clarify.

Thanks so much for your response?

 

[alanryder]

Actually, in consulting with another law firm I was told I can NOT accept the September rent as doing so re establishes the tenancy I'm trying to end. That makes sense, but it also makes sense that I should be able to accept rent before the time they have to get out. I wish I could find the rules and regulations for commercial tenants on the net, but I'm not able to.

Changing the locks IS an illegal eviction. What's needed I think is a holdover proceeding. $1,200-$1,800 + a marshals costs---lovely ;-(.

 

[CA LL]

Your question has been answered and as I explained to you...and what the legal firm meant...if you accept rent PAST the last day of the notice termination you would reestablish the tenancy. But of course for the current last month they must pay. Seems you are confused here and probably confused the legal people you asked the question of the same way you did here.

 

[ecmst12]

This is not a residential rental, so it's not subject to residential LL/T law. It's a commercial rental which is governed solely by the terms of the lease contract. So, what does that say about termination?

 

[CA LL]

I mentioned that above as well...but the point is if the space is used, the space must be paid for then..unless the last month rent was paid up front. No commercial rental space lease is going to say otherwise.

 

[ecmst12]

Oh I wasn't disagreeing with you CA, I was disagreeing with whoever told OP that he needs a court ordered eviction to get someone out of a storage locker. Eviction laws exist to keep people from becoming homeless without due process. But tenants only have those protections if they LIVE in the space!