Re: Notice for eviction for 2x late - Landlord Forum thread

Re: Notice for eviction for 2x late by NY-LL on June 7, 2012 @09:16

Any lease violation on the part of the tenant is grounds for eviction.
Late rent payments and smoking inside the premises are considered lease violations. Late rent payments are still a violation, even if the late penalty is paid by tenant. However, if the lease agreement specifies the penalty for late rent payments and allows for smoking (not a verbal agreement between landlord and tenant) then the landlord cannot evict for late payments or smoking violation, if the late penalty is paid and the lease specifies smoking.

[ Reply ] [ Return to forum ]

Re: Notice for eviction for 2x late by OK-LL on June 7, 2012 @11:02	[ Reply ]

This is not correct. Whether or not a late fee is detailed in the lease agreement, payment after the due date is grounds for eviction as is a pattern of late payments (usually a minimum of 3, but I've seen it done for 2). Assessment of a late fee and a clause defining a late fee in the lease agreement is not the tenant's carte blanche to pay late. In fact, unless it is defined in the lease, a LL cannot assess a late fee except in the case it is defined in the LL/T statute.

Re: Notice for eviction for 2x late by NY-LL on June 7, 2012 @11:20	[ Reply ]

Not sure what you object to or believe is not correct, but ... A court will not automatically evict a tenant for late payments or unpaid late fees. The court deals with issues related to non-payment of rent. In this case, the rent has been paid, albeit late. The tenant has paid the rent in an untimely manner which is a lease violation, but not grounds for eviction.

Re: Notice for eviction for 2x late by OK-LL on June 7, 2012 @11:26	[ Reply ]

"However, if the lease agreement specifies the penalty for late rent payments and allows for smoking (not a verbal agreement between landlord and tenant) then the landlord cannot evict for late payments or smoking violation, if the late penalty is paid..." This is what is incorrect. The LL can evict for any violation of the lease if not cured within the cure/quit or pay/quit period. Typically, the violation must be substantive for eviction, and non-payment within the p/q period or habitual late payment within the p/q period is considered to be substative.

Re: Notice for eviction for 2x late by Anonymous on June 7, 2012 @11:32	[ Reply ]

Habitual late payment is a lease violation and grounds for eviction irregardless if there is a late payment fee detailed in the lease. The late fee does not void out the LL's right to evict on that lease violation. There is nothing in California law that states if a late payment fee is detailed in the lease agreement and the tenant pays the fee upon late rental payment it negates the lease violation from being a reason for eviction.