Landlord Tenant Non-Payment of Rent Accurate Credit Bureau

Nonpayment and Late Payment of Rent

When a tenant doesn’t pay rent, you can begin the eviction process by giving the tenant a 14-day Notice to Quit for Nonpayment of Rent in writing. The notice doesn’t actually require the tenant to move, it just allows you to bring a legal action for eviction. Only a judge can order a tenant to move.

Some people believe there is a grace period for payment of rent. Technically, there isn’t. If rent is due on the first of the month, it is legally delinquent if it is not paid by the second, unless the first of the month is a Sunday or a legal holiday. This means that you can send a 14-day notice on the second of the month and start the eviction process 14 days thereafter.

A tenant with a rental lease who gets a 14-day notice can cure the nonpayment and reinstate the tenancy by paying to the you or to your attorney all rent then due, with interest and costs of suit, on or before the day the answer is due in the legal action for eviction. A tenant at will who has not received a similar notice from you within the past twelve months can cure by paying all rent due within ten days of receiving the notice. The 14-day notice must include statutory language notifying the tenant of the right to cure within ten days. If it doesn’t, the tenant’s time to cure is extended to the day the answer is due in the eviction action.

If the nonpayment was caused by a failure or delay by any government agency in sending any subsistence or rental payment, the court is required to continue the hearing for at least seven days in order to furnish notice to the government agency. If all rent due with interest and costs of suit has been tendered to the landlord within that time, the court will treat the tenancy as not having been terminated.

Some leases contain specific provisions for a penalty or surcharge for late payment of rent. Those provisions are illegal unless they apply only to rent which is more than 30 days late.

For more landlord information forms and applications see Accurate Credit Bureau.

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