The term of a lease is pre-maturely terminated on the fifth day of a month. How much rent is due for that month? The entire monthly rent? A pro-rated amount? Nothing? If the tenant tendered the full monthly rent, must a portion be returned? If the landlord accepts the entire monthly rent, does that vitiate the termination or at least entitle the tenant to remain in possession for the rest of the month?
The uncertainty that may arise from these questions is based on a misapprehension commonly held not only by laypersons, but also by many experienced attorneys.
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