Broaden Right to Exercise Remedies

Like many owners, you may have certain tenants that commit the same lease violation over and over. But they always cure—that is, correct—the violation before it becomes a lease default. For instance, they repeatedly pay their rent late each month.

You may have tried to break the cycle of chronic violations by including a “chronic violations clause” in your leases. This clause makes it a lease default with no cure period if the tenant commits the same lease violation more than a certain number of times—say, twice—in a 12-month period, so you can immediately exercise your lease remedies.

A chronic violations clause is meant to deter chronic lease violations. And it lets you act swiftly to rid yourself of a troublesome tenant. But your clause may not do the job if it still requires you to send the tenant notice before you can exercise your remedies. So you’ll be forced to waste time and money sending out the notice—defeating one purpose of the clause. And if you fail to send out the notice, you may lose your remedies.

Eliminating the notice requirement is crucial. To do this, say in your chronic violations clause that you’re not required to give the tenant notice before exercising your rights under the clause. Ask your attorney about adding this language to the clause:

Model Lease Language

Notwithstanding anything herein to the contrary, if Tenant is in default under any covenant, condition, or agreement of this Lease more than [insert #, e.g., one (1) time] within any twelve (12)-month period, irrespective of whether or not such default is cured, Landlord, at its sole election, in its sole and absolute discretion, and without notice to Tenant, may [insert list of actions Landlord may take].