Notice of Intention to Terminate for Material Breach of Rental Agreement
Posted on March 18th, 2022 in Uncategorized | Comments Off on Notice of Intention to Terminate for Material Breach of Rental Agreement
(b) The Lessor may terminate the Rental Agreement if the rent is not paid on the due date and the Tenant does not pay the Rent within three days, after written notice from the Lessor of the non-payment and of the Lessor`s intention to terminate the Lease if the Rent is not paid within this three-day period. The three-day notice period provided for in this subdivision is calculated as three consecutive 24-hour periods. If such a notice is given to the lessee or to a person over 12 years of age who lives on the premises or by affixing a copy of the notice in a conspicuous place, the three-day period begins to run at the time of delivery or shipment. If such notice is given by mail, the tenant should have an additional two days from the date of shipment in order to pay the tenant`s rent and thus avoid terminating the lease. F. For a landlord who owns four or fewer rental apartments, if the rent is not paid on the due date and the tenant does not pay the rent within 14 days of the tenant`s written notice of non-payment, and the landlord`s intention to terminate the lease if the rent is not paid within 14 days, The owner may terminate the rental agreement and take possession of the premises in accordance with § 55.1-1251. C. If the tenant commits a violation that is not remedied, the landlord may send the tenant a written notice indicating the acts and omissions that constitute the violation and that the lease ends on a date of at least 30 days after receipt of the notice. Notwithstanding anything to the contrary, if a breach of the Tenant`s obligations under this Chapter or the Rental Agreement implies or constitutes a criminal or intentional act that cannot be remedied and that presents a risk to health or safety, the Lessor may immediately terminate the Lease and take possession of the Premises. For the purposes of this subdivision, any activity related to an illicit drug related to a controlled substance as used or defined in the Drug Control Act (§ 54.1-3400 et seq.), or any activity involving or constituting a criminal or intentional act that also constitutes a threat to health and safety, by the tenant, a licensed resident or a guest or guest of the tenant is an immediate event, an uncollectible violation for which the landlord entered into the tenancy without having to wait for a conviction for a criminal offence that may result from the same acts.
In order to obtain from a court of competent jurisdiction a possession order terminating the tenancy for activities related to the illicit drug or for any other activity that involves or constitutes a criminal or intentional act that also poses a threat to health and safety, the landlord must prove these violations on a balance of evidence. However, if the illegal drug activity or an activity that involves or constitutes a criminal or intentional act that also poses a threat to health and safety is carried out by an authorized resident or a guest or guest of the tenant, the tenant will be deemed to have knowledge of those activities, unless the presumption is rebutted by a preponderance of evidence. The first hearing on the landlord`s application for immediate possession of the premises takes place within 15 calendar days of the date of delivery to the tenant; However, the court will order an earlier hearing if there are emergency conditions on the premises that pose an immediate threat to the health or safety of other tenants. If, after the first hearing, the case is scheduled for a subsequent hearing or for a contentious hearing, the court shall, as far as possible, order that the case be given priority on the court`s list. This subsequent hearing or disputed negotiation will be negotiated no later than 30 calendar days after the date of service on the tenant. During the transitional period between the date of the first hearing and the date of a subsequent hearing or contested proceedings, the court may grant any other remedy or remedy necessary to protect the interests of the parties to the proceedings or the interests of another tenant residing on the premises. The fact that the Court did not hold one of the oral proceedings within the time limits laid down in this Section does not constitute a basis for the dismissal of the proceedings. 58-2564. Material non-compliance by the lessee; Note; Termination of the lease; Limitations; non-payment of rent; Medicine. (a) Unless otherwise specified in the Housing Owners and Tenants Act, there is a material non-compliance with the rental agreement by the tenant or non-compliance with K.S.A.
58-2555 and its amendments, which have a significant impact on health and safety, the landlord may provide the tenant with written notice indicating the acts and omissions constituting the violation and that the lease will end on a date of at least 30 days after receiving the notice if the violation is not corrected within 14 days. The lease terminates as provided in the notice, regardless of the date of periodic payment of the rent, except that the lease does not end if the breach can be corrected by repairs or payment of damages or otherwise, and the tenant makes reasonable efforts in good faith to remedy the breach before the date specified in the notice. However, in the event that such a breach or similar breach occurs after the expiry of the 14-day period provided for in this paragraph, the landlord may notify the tenant in writing that the lease will end at any time at least 30 days after receipt of the notice, without giving an opportunity to remedy the breach. The lease will then end as provided in this notice, regardless of the date of periodic payment of the lease. J. 1. A landlord who owns more than four rental apartments or more than a 10% interest in more than four rental units, either individually or through a Commonwealth business unit, may not take any adverse action within the meaning of section 15 of the United States. C.
. .