What to doif my landlord issued a 60-day to terminate but on the last day accepted next month’s rent?

UPDATED: May 15, 2011

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What to doif my landlord issued a 60-day to terminate but on the last day accepted next month’s rent?

Doesn’t that make the 60-days null and void? Our situation does not involve non-payment of rent. We are paying tenants but have had issues with our landlord. Basically it involves harassment and retaliation. Property is also in pending foreclosure.

Asked on May 15, 2011 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have a very good argument that the acceptance of rent for the next month constitutes a waiver of the notice and the right too terminate your tenancy. While rent acceptance is only a guaranteed waiver in nonpayment cases, in the vast majority of other cases, absent special circumstances and equitities (basically fairness) in the landlord's favor, it will be found to constitute a waiver. If the landlord has the right to terminate your tenancy on 60 days notice, he may, of course, start the clock running again by giving you a new notice, so this would constitute a stay or temporary reprieve, not a permanent victory. If you believe the landlord has good grounds to evict you, you should probably use the extra time to find new premises.

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