[RPPTL LandTen] Brain Teaser for the Landlord Tenant Committee

[Jeffrey Mazor]

This is a brain teaser and I hope someone can help. I started my written
lease-based commercial action for possession with a standard Three Day
Notice.  Final Hearing won't be for months and in the meanwhile, the defense
has denied the lease and implied that the tenant is in possession pursuant
to a verbal month to month rental agreement.

 

To protect against the possibility of my Three Day Notice being ruled
defective under a verbal rental agreement, I would like to deliver a 15-Day
Notice of Termination which I would want to rely upon if the Court accepted
the verbal rental agreement argument.  However, I am concerned about the
general rule that a second notice will wipe out an earlier notice.

 

Possible solutions?

 

1.         Would some kind of conditional-language Notice of Termination
work?  It might say something like "This Notice supplements but does not
replace the Notice to Pay or Vacate previously delivered to the tenant, and
shall be effective only if the court rules that the Notice to Pay or Vacate
is ineffective."

 

2.         I could file a Motion asking for an order granting leave to
deliver a Notice of Termination and finding that it will not supersede the
Notice to Pay or Vacate. At that hearing, hopefully, the court would force
tenant's counsel to commit to one position or the other.

 

I would appreciate any input or thoughts you may have.

 

Very truly yours,

 

 

Jeffrey R. Mazor, Esq.

 

 

 

 

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