If I was evicted from my store for non-payment of rent for 10 months but have since paid all arrears and this month’s rent, am I now a month-to-month tenant?

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If I was evicted from my store for non-payment of rent for 10 months but have since paid all arrears and this month’s rent, am I now a month-to-month tenant?

However, I paid the arrears in full via wire the next day, along with this month’s rent. I have been requested to sign a new lease and it is being reviewed. Since I paid this month’s rent, and my lease terminated by the eviction, doesn’t that make a month-to month-lease? This allows me to enter the premises and continue business, at least for this month and until I sign a new lease?

Asked on January 6, 2016 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Actually, even if there was a judgment of possession against you, if you were not in fact locked out by a court officer (a/k/a constable) pursuant to a warrant of removal, your existing tenancy did not terminate. By accepting the money after receiving a judgment in its favor, the landlord wiaved its right to evict and the case and judgment would be dismissed.


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