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

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

"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.

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