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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption