First: You may not be a lawyer, and you certainly are not my lawyer, and any advice received in this thread will not be considered to be “legal advice” in any way.
If I understand the concept of tacit acceptance correctly, I believe I have just come out ahead in the following situation:
I gave notice to my landlord on February first of my intent to move. I have a month-to-month lease, with only 30 days notice required. Most of the reason I am moving (back home) is because I am flat broke. I cannot afford to pay February’s rent ($900) right now, so along with my letter of notice I included a $50.00 check and the offer that they simply keep my $850 deposit on the house, I made up the difference, and if that was acceptable to them we’d call it square.
This is in the full knowledge that the only thing that would otherwise happen is they return my deposit (the house is in even better shape than when I took it over) and I turn right around and give it back to them to pay the rent for February. I offered to cut out the middle man, so to speak.
Yesterday, they cashed my $50.00 check. Does this not imply tacit acceptance of my offer as outlined clearly in my notice letter?