30 Day Notice to Terminate Lease Due to Non-Remediable Breach - Residential
Chap. 13, § 55-248.20 Tenant to surrender possession
of dwelling unit.
At the termination of the term of tenancy, whether by expiration
of the rental agreement or by reason of default by the tenant, the tenant
shall promptly vacate the premises, removing all items of personal property
and leaving the premises in good and clean order, reasonable wear and tear
excepted. If the tenant fails to vacate, the landlord may bring an action
for possession and damages, including reasonable attorney's fees.
Chap. 13.2, § 55-248.31 Noncompliance with rental agreement.
Except as provided in this chapter, if there is a material noncompliance
by the tenant with the rental agreement or a violation of § 55-248.16
materially affecting health and safety, the landlord may serve a written
notice on the tenant specifying the acts and omissions constituting the
breach and stating that the rental agreement will terminate upon a date
not less than thirty days after receipt of the notice if the breach is
not remedied in twenty-one days, and that the rental agreement shall terminate
as provided in the notice. If the breach is remediable by repairs or the
payment of damages or otherwise and the tenant adequately remedies the
breach prior to the date specified in the notice, the rental agreement
shall not terminate. If the tenant commits a breach which is not remediable,
the landlord may serve a written notice on the tenant specifying the acts
and omissions constituting the breach and stating that the rental agreement
will terminate upon a date not less than thirty days after receipt of the
notice. Notwithstanding anything to the contrary contained elsewhere in
this chapter, when a breach of the tenant's obligations under this chapter
or the rental agreement involves or constitutes a criminal or a willful
act, which is not remediable and which poses a threat to health or safety,
the landlord may terminate the rental agreement immediately and proceed
to obtain possession of the premises. The initial hearing on the landlord's
action for immediate possession of the premises shall be held within
fifteen calendar days from the date of service on the tenant; however,
the court shall order an earlier hearing when emergency conditions are
alleged to exist upon the premises which constitute an immediate threat
to the health or safety of the other tenants. After the initial hearing,
if the matter is scheduled for a subsequent hearing or for a contested
trial, the court, to the extent practicable, shall order that the matter
be given priority on the court's docket. Such subsequent hearing or contested
trial shall be heard no later than thirty days from the date of service
on the tenant. During the interim period between the date of the initial
hearing and the date of any subsequent hearing or contested trial, the
court may afford any further remedy or relief as is necessary to protect
the interests of parties to the proceeding or the interests of any other
tenant residing on the premises.
If the tenant has been served with a prior written notice which
required the tenant to remedy a breach, and the tenant remedied such breach,
where the tenant intentionally commits a subsequent breach of a like nature
as the prior breach, the landlord may serve a written notice on the tenant
specifying the acts and omissions constituting the subsequent breach, make
reference to the prior breach of a like nature, and state that the rental
agreement will terminate upon a date not less than thirty days after receipt
of the notice.
If rent is unpaid when due, and the tenant fails to pay rent within
five days after written notice is served on him notifying the tenant of
his nonpayment, and of the landlord's intention to terminate the rental
agreement if the rent is not paid within the five-day period, the landlord
may terminate the rental agreement and proceed to obtain possession of
the premises as provided in § 55-248.35. If a check for rent is delivered
to the landlord drawn on an account with insufficient funds and the tenant
fails to pay rent within five days after written notice is served on him
notifying the tenant of his nonpayment and of the landlord's intention
to terminate the rental agreement if the rent is not paid by cash, cashier's
check or certified check within the five-day period, the landlord may terminate
the rental agreement and proceed to obtain possession of the premises as
provided in § 55-248.35. Except as provided in this chapter, the landlord
may recover damages and obtain injunctive relief for any noncompliance
by the tenant with the rental agreement or § 55-248.16. If the tenant's
noncompliance is willful, the landlord may recover reasonable attorney's
fees. Failure of the tenant either to pay the rent or to vacate the premises
within five days after written notice of nonpayment given by the landlord
shall be deemed willful noncompliance by the tenant, unless the failure
to pay the rent or to vacate the premises is found by the court to be reasonable.
Chap. 13.2, § 55-248.35 Remedy after termination.
If the rental agreement is terminated, the landlord may have a claim
for possession and for rent and a separate claim for actual damages for
breach of the rental agreement, reasonable attorney's fees as provided
in § 55-248.31, and the cost of service of any notice under §
55-225 or § 55-248.31 or process by a sheriff or private process server
which cost shall not exceed the amount authorized by § 55-248.31:1,
which claims may be enforced, without limitation, by the institution of
an action for unlawful entry or detainer. Actual damages for breach of
the rental agreement may include a claim for such rent as would have accrued
until the expiration of the term thereof or until a tenancy pursuant to
a new rental agreement commences, whichever first occurs; provided that
nothing herein contained shall diminish the duty of the landlord to mitigate
actual damages for breach of the rental agreement. In obtaining post-possession
judgments for actual damages as defined herein, the landlord shall not
be required to seek a judgment for accelerated rent through the end of
the term of the tenancy.
In any unlawful detainer action brought by the landlord, this section
shall not be construed to prevent the landlord from being granted by the
court a simultaneous judgment for money due and for possession of the premises
without a credit for any security deposit. Upon the tenant vacating the
premises either voluntarily or by a writ of possession, security deposits
shall be credited to the tenants' account by the landlord in accordance
with the requirements of § 55-248.15:1.
