Normally, the post-lease acceptance of rent creates a month-to-month tenancy which requires a 30-day notice of termination before a holdover proceeding may be started. Here's an exception to that rule.
In Chaim v. Medina , Chaim wanted to evict Maritza Medina so that her apartment could be used for a not-for-profit purpose. To that end, on July 29, 2005, Chaim served a nonrenewal notice on Medina advising that her lease wouldn't be renewed and her tenancy was to end on November 30, 2005
Medina claimed her tenancy should have expired on November 14, 2005, and that her landlord hadn't given her the appropriate notice required by Rent Stabilization Law. She also argued that a month-to-month tenancy was created when Chaim cashed her rent check (for the period of November 15, 2005 to December 14, 2005) and, without a thirty-day notice terminating that tenancy, the proceeding had to be dismissed.
The Kings County Civil Court noted that the law which applied to this particular kind of case allowed the tenant to remain in possession until a summary proceeding was started. That court was of the view no month-to-month tenancy was created by the November 15th rent acceptance.
On appeal, the Appellate Term, Second Department, agreed. The statute's unequivocal language provided that the acceptance of rent (under these particular circumstances) neither created a month-to-month tenancy nor required any additional notice.
Le Chaim?
To download a copy of the Appellate Term's decision, please use this link: Chaim v. Medina