A "The most important thing the landlord should not do is accept rent for the time period commencing Jan . 1after the lease expires," said David Skaller, a Manhattan lawyer who represents property owners.
A. Jonathan H. Newman, a Manhattan real estate lawyer, said that since landlords are not required to accept rent checks from nontenants, the letter writer should take steps now to address the possibility that he might at some point be paying rent on his mother's behalf.
Monthly Tenants And Evictions Q: I understand that there is a provision in the law regarding the eviction of a month-to-month tenant that allows a landlord to accept rent from the tenant, without jeopardizing the landlord's position, after the action to evict has begun.
In fact, Ms. McGuire said, since the wife's name was added to the lease eight years ago, there does not appear to be any legal justification for the landlord to remove her name from the rent bill or to refuse to accept rent checks from her. "If she wants to, the wife can continue to tender the rent checks in her name each and every month," Ms. McGuire said.
But in 1994 the city stopped accepting rent checks and began eviction proceedings.
Half of downtown was boarded up, and landlords accepted rent checks through slits in doors locked for safety.
In 1994 the city stopped accepting rent, filed eviction papers and prepared to sell the building to a developer.
If the landlord has accepted rent from the tenant subsequent to the termination of the last lease, a month-to-month tenancy has been created, he said.
While there are exceptions to that rule — such as when the landlord accepts rent for the renewal period — they wouldn't seem to apply here.
Those charges included accusations that Mr. Rangel had accepted rent-stabilized apartments from a Manhattan developer, failed to pay income taxes on rent from a Dominican villa and solicited charitable donations from individuals with business before Congress.
