Legal Question in Real Estate Law in Alabama

Lease Terms

If you signed a year lease and you pay your rent EVERY month, by the 15th to include all late fees, and your landlord asks you to move in the 6th month of your lease..do you have to vacate the premises, or just pay your rent as usual and late fees?


Asked on 9/10/02, 8:16 pm

1 Answer from Attorneys

Marcel Carroll Marcel Carroll JD, PC

Re: Lease Terms

First let me say that your answer is probably right there written in your lease. If the lease you signed required you to pay on the first day of the month and you have been routinely late, although you paid your required late payments with the rent, you still are in violation of the payment provision each month. I bet there is a provision in the lease that says something like "failure by the landlord to invoke a remedy for a violation of the terms of this lease shall not constitute a waiver as to future or subsequent violations". In other words-- just because the landlord did not terminate your right of occupancy the first month you were late in paying rent does not rule out the subsequent decision by the landlord to evict you should you continue to be late. I hope this helps you.

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Answered on 9/11/02, 11:40 am


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