If a notice of termination has been given by the landlord or the tenant, the following do not waive the right of the landlord to terminate on the notice and do not reinstate the tenancy:
The rent is prorated to the termination date specified in the notice; or
(B)
The landlord refunds at least the unused balance of the rent prorated for the period beyond the termination date within 10 days after receiving the rent payment.
The acceptance of rent for a period beyond the expiration of the notice of termination during which the tenant remains in possession if:
(i)
The landlord notifies the tenant in writing in, or after the service of, the notice of termination for cause that the acceptance of rent while an action for possession is pending will not waive the right to terminate under the notice; and
(ii)
The rent does not cover a period that extends beyond the date the rent payment is accepted.
The following do not waive the right of the landlord to terminate on a notice of termination given by the landlord or the tenant and do not reinstate a tenancy:
(a)
The acceptance of a last month’s rent deposit collected at the beginning of the tenancy, whether or not the deposit covers a period beyond a termination date.
The acceptance of rent paid for a rent obligation not yet due and paid more than one rental period in advance.
(3)
When a landlord must refund rent under this section, the refund shall be made to the tenant or other payer by personal delivery or first class mail and may be in the form of the tenant’s or other payer’s check or in any other form of check or money. [2007 c.906 §28]