If I have a settlement agreement with my landlord not to violate my lease agreement for a certain period, would paying late die to the holidays count as a violation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have a settlement agreement with my landlord not to violate my lease agreement for a certain period, would paying late die to the holidays count as a violation?
And give my landlord the right to evict me
Asked on December 23, 2012 under Real Estate Law, District of Columbia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, paying late due to the holidays would count as a breach of the agreement, unless the agreement specifically provided some grace period or referenced business, not calendar days, and your payment fell within that period. Otherwise, say the agreement says that payment must be received by the 1st of every month--then you are in breach if it's not received until the 2nd or later, notwithstanding that New Year's was in the way. When there are holidays or weekends that impact mail or your paycheck, it's encumbent on you to send the money early.
Technically, the landlord could try to evict you for this breach; in practice, if he has the money within a day or two and you can cite the holidays as a factor, it is unlikely that a court would evict--but they could under the law, so do not rely on this forbearance.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.