30 Day Notice of Termination for Intentional Recurring Breach - Residential
§ 55-248.31 Noncompliance with rental agreement; failure
to pay rent
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 of this chapter. 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.
