Q: We were just given a 90 day termination notice pursuant to Property laws 226-c and 232-a.
As of today we are 3 months behind in rent. If payment is brought current before the end of the 90 days will we still have to vacate? Should we pay Oct 1 rent as we had planned? My husband and I are senior citizens.
A: There are two primary types of landlord/tenant cases. The first is a non-payment case, which requires the landlord to serve a rent demand before filing in court. If the rent is paid in full the case would be dismissed. The second is a holdover case, which, if you have been a tenant for 3 or more years, requires the landlord to service of a 90 day notice before filing in court. Payment of rent arrears does not prevent the landlord from continuing to seek your eviction by proceeding with the case. In these circumstances, hiring an attorney to protect your interests often results in a settlement that gives you adequate time to relocate and/or a rent waiver.
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