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Lease Termination Question

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designer3363

Junior Member
What is the name of your state (only U.S. law)? Kentucky

Here's something I found online:

In the special case when rent is overdue, the landlord must give the tenant written notice granting him only seven, and not fourteen, days in which to pay. If the rent is still unpaid after the seven days, the landlord may terminate the lease at this time (KRS 383.660).

The landlord's right to terminate the lease (when the tenant is in violation of any of the lease's provisions), is lost whenever the landlord accepts a rent payment with full knowledge of the tenant's violation. For example, the tenant may, in violation of a "no pet" clause, have a cat on the property. Once the landlord collects the rent with full knowledge of the cat's presence he may never terminate the lease claiming that the "no pet" clause has been violated (KRS 383.675).

Kentucky Landlord Tenant Guide

Here's my question about this:

It says that that: The landlord's right to terminate the lease (when the tenant is in violation of any of the lease's provisions), is lost whenever the landlord accepts a rent payment with full knowledge of the tenant's violation.

Does this apply if the landlord is aware of the violation (rent being overdue), and he is accepting partial payments sent to him for the overdue rent?

We are sending the landlord payments every two weeks (on payday), although we are still behind. So he is accepting rent payments. Does this prevent him from terminating the lease?

Thanks,
L.
 


Gail in Georgia

Senior Member
If your landlord refuses the rent payment you stated you would provide him with on November 7, he can procede with his goal of taking legal action against you.

If he accepts this payment, he cannot.

Gail
 

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