Eviction Notice Was Valid Because Tenant Failed to Pay Rent On Time

May 31, 2004

A tenant's rent was due on the first of the month. The lease said that if the tenant failed to pay its rent by the 15th of the month, the owner could impose a five percent late fee. The lease also said that any rent payment not received by the 30th of the month would be a lease violation. The tenant failed to pay its January rent by the 15th. So the owner sent the tenant a notice that it hadn't received the rent and was imposing the late fee. When the tenant failed to pay the rent by Jan. 27, the owner sent it an eviction notice on Jan. 29, and sued to evict it.

A tenant's rent was due on the first of the month. The lease said that if the tenant failed to pay its rent by the 15th of the month, the owner could impose a five percent late fee. The lease also said that any rent payment not received by the 30th of the month would be a lease violation. The tenant failed to pay its January rent by the 15th. So the owner sent the tenant a notice that it hadn't received the rent and was imposing the late fee. When the tenant failed to pay the rent by Jan. 27, the owner sent it an eviction notice on Jan. 29, and sued to evict it. The tenant argued that the eviction notice was invalid because it hadn't violated the lease at that point.

A Connecticut appeals court ruled that the eviction notice was valid because the tenant had violated the lease by failing to pay its rent on time. The court rejected the tenant's argument that it had until the 30th of the month to pay its rent before such failure could be a lease violation. The court noted that the lease clearly said the rent was due on the first of the month. It also noted that the lease said that it would be a violation if the owner notified the tenant that it was imposing the late fee and the tenant failed to pay the rent due within 10 days of getting such notice [Silvermine Investors, LLC v. Call Center Technologies, Inc.].

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