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Breach of Lease Vs Default - LPA Lease - Landlord Forum thread 176121







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Breach of Lease Vs Default - LPA Lease by MFO (PA) on March 27, 2009 @15:26

                              
These two clauses seem to contradict each other - Under Default it says "after not less than one (1) days written notice of such default..."

then under Breach of Lease it states "If rent is over seven (7) days late, Owner will construe non-payment as a breach of this lease..."

I think I am misunderstanding these two things. Is default where I have the right to evict? and breach of lease where I assume the tenant is choosing to leave in 30 days - even though I would have likely already started the eviction process b/c their rent was late?

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Re: Breach of Lease Vs Default - LPA Lease by Jack Klein (NY) on March 27, 2009 @16:06 [ Reply ]
You may be misunderstanding. The Notice to cure default (3 days in NY) is the # of days to CURE the default.
The actual default date is when the tenant fails to pay rent when due or fails to comply with the terms of the lease.

The LPA default clause is pre-set at "after not less than three (3) days WRITTEN NOTICE of such default..."
You have to edit that to your state's required amount of notice period to cure default.

You can look up your state at
http://www.thelpa.com/free/statenoticechart.pdf

The latter clause "If rent is over seven (7) days late, Owner will construe non-payment as a breach of this lease..."
is to inform tenants that lateness after 7 days will be considered a breach. Of course you can edit your form to say whatever you want as long as it doesn't conflict with state laws.



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