Can a landlord break a leasedue to4 late rental payments?
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Can a landlord break a leasedue to4 late rental payments?
My tenant and I signed a 1 year lease; 4 of the 8 months into the lease the rental payment was paid late. 4 months ago I filed a 7-day notice to quit; we did go to court and she paid all fees in order to stay. I now want to file a 30-day and evict her for too many late payments. Can I do that?
Asked on March 13, 2011 under Real Estate Law, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No, I do not really think that you can do that at this point in time. Had you refused to settle the matter when you went to Court after the 7 day notice to quit maybe you could have tried then, indicating that she was in breach of the lease (if in fact she was in breach; if the lease says that there is just a fee then maybe not if you keep accepting the rent with a fee) and refusing to accept the rent at that point and opting to get her out. I am sure that given her track record you will again have an opportunity here to start a summary proceeding and evict her. But I would discuss how you should approach things with a real estate attorney in your area before hand.
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