I Terminated My Tenant's Lease Effective The 15th Of October. It Is Now November 1st, The Tenant Has Not Moved And I Filed A Dispossessory Warrant. Now The Tenant Wants To Pay The Rent, Can I Accept It?

No, if you accept rent now, after the existing tenancy has terminated but before filing a dispossessory warrant, you will create a new tenancy which would need to be terminated before you file a dispossessory affidavit. The new tenancy created would be a tenancy­at­will and would require sixty (60) days notice to terminate. If you had already filed a dispossessory affidavit, you could accept payment of rent as it came due. This does not apply where a landlord seeks to evict for non­payment of rent.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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