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month to month rent

Discussion in 'Commercial Landlord & Tenant Issues' started by dsmith46, May 16, 2007.

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  1. dsmith46

    dsmith46 Law Topic Starter New Member

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    I have heard that if a landlord accepts less that the full rent in a month to month lease and does not send a late notice or request for additonal rent and allows the tenant to remain than the rent is considered paid in full. Does anyone know if this is true?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    This is not true. If the landlord sends a notice a month later would you think the tenant should be absolved? Basically if you agreed $500 per month and only paid $250, you still owe $250 unless indicated otherwise. I'm not sure as to time periods and rules that may exist in different states but from my knowledge this the month to month agremeent is an enforceable one for the amount agreed.
     
  3. Duranie

    Duranie Moderator

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    Why would you think this is true? Month to month has no bearing on the rent. If you agree to pay a certain amount per month, then that is what you owe and the landlord can sue you for the remainder or take it out of your deposit.
     
  4. calalily

    calalily New Member

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    Maybe the landlord was cutting you some slack and trying to be nice and wait for the other half. No good deed goes unpunished as now you're trying to screw him/her out of your agreed to rent.
     
  5. dsmith46

    dsmith46 Law Topic Starter New Member

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    let me clarify this a little. this is a commercial license for a concession in an antique mall, no t a lease, and this has been going on for two years without a word or written notice from from the mall management. They decided that they wanted to dictate what hours I must operate or they wowuld not renew my license in June. When I taold them that I would move out, they want to keep all my equipment for back rent which they suddenly realized was now due. The manager told me that she did not realize I was behind unti llast month...but didn't say a word until I told them I would move out.
     
  6. dsmith46

    dsmith46 Law Topic Starter New Member

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    please see my clarifing post
     
  7. dsmith46

    dsmith46 Law Topic Starter New Member

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    please see my clarification and see if this is different
     

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