[RPPTL LandTen] Acceptance of Rent After Lease Expires - Residential

[Dariel Abrahamy]

Lease is silent on this issue.

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Friday, December 13, 2013 12:22 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Acceptance of Rent After Lease Expires - Residential

Daniel:  What does the lease say about this?  Some leases will say that if the tenant does not notify landlord that it intends to renew lease within ___ days of the expiration date, the tenancy becomes month-to-month after expiration.

Regards,


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Anthony J. Horky, Esquire

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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Dariel Abrahamy
Sent: Friday, December 13, 2013 11:58 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Acceptance of Rent After Lease Expires - Residential

Written lease expires 11/30/13.  Tenant failed to vacate.  Monthly rent is $10K.  Must be a nice house. Tenant then tendered the December rent of $10K to Landlord.  After tender, Landlord filed suit for eviction. Then Landlord cashed the $10K.   Was a month to month lease created here which would be a defense to the eviction?

Would the scenario be different if tenant tendered the $10K after the eviction was filed and landlord accepted it?

I'm trying to figure out when month to months are established after leases expire.  It seems like a landlord should be entitled to rent while the tenant remains without necessarily creating a month to month lease. I am familiar with 83.58.


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Dariel J. Abrahamy, Esq.
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