1. When they pay the rent, are they also paying all your 'interest & costs of suit?' You are entitled to FULL compensation. I've quoted the laws below. If they're paying all your filing costs and late fees, why do you care if they pay late? The extra money has made you 'whole' and you've got the pertinant forms on computer by now.
It can't take you more than 2 hours to adjust the month & amount due, drive to the courthouse, file, & serve them. If you aren't charging them every last penny you can, start doing so now!
2. You have to rely on the lease to terminate based on additional occupants. If the lease says no additional occupants for more than X days, you can terminate the lease. Ch. 186: Sec. 11A seems to say that the tenants don't get a chance to cure (kick the extra tenant out). (last sentence) Sue to "determine" the lease for violation fo lease covenants. List every covenant they're breaking (sanitation, occcupants, mowing the lawn, etc.).
Good luck
Tracey
Chapter 186: Section 11. Determination of lease for nonpayment of rent.
Section 11. Upon the neglect or refusal to pay the rent due under a written lease, fourteen days' notice to quit, given in writing by the landlord to the tenant, shall be sufficient to determine the lease, unless the tenant, on or before the day the answer is due, in an action by the landlord to recover possession of the premises, pays or tenders to the landlord or to his attorney all rent then due, with interest and costs of suit. If the neglect or refusal to pay the rent due was caused by a failure or delay of the federal government, the commonwealth or any municipality, or any departments, agencies or authorities thereof, in the mailing or delivery of any subsistence or rental payment, check or voucher other than a salary payment to either the tenant or the landlord, the court in any such action shall continue the hearing not less than seven days in order to furnish notice of such action to the appropriate agency and shall, if all rent due with interest and costs of suit has been tendered to the landlord within such time, treat the tenancy as not having been terminated.
Chapter 186: Section 11A. Termination of lease for nonpayment of rent.
Section 11A. Upon the neglect or refusal by the tenant to pay the rent due under a written lease of premises for other than dwelling purposes, the landlord shall be entitled to terminate the lease either (i) in accordance with the provisions of the lease or (ii) in the absence of such lease provisions, by at least fourteen days notice to quit, given in writing to the tenant. If a landlord terminates the lease by at least fourteen days notice pursuant to clause (ii) of the preceding sentence, the tenant shall be entitled to cure on or before the day the answer is due in any action by the landlord to recover possession of the premises, by paying or tendering to the landlord or to his attorney all rent then due, with interest and costs of such action. The rights to cure provided herein, shall apply only to termination pursuant to clause (ii) and shall not apply to termination in accordance with the provisions of the lease. (Added by 1987, 381.)
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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
[This message has been edited by Tracey (edited May 04, 2000).]
05-02-2000, 03:27 PM
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