How does a landlord terminate a lease for nonpayment of rent?

A landlord may terminate a lease for nonpayment of rent by giving notice to the tenant to either pay what is owed or leave the property. If the tenant pays within five days of receiving that notice, the tenant may remain. If payment is not made, the landlord may begin proceedings to evict the tenant by filing an “unlawful detainer” (eviction) action with the court. If the lease calls for it, a landlord also may recover reasonable attorney’s fees in the event of a breach of the lease. A tenant may exercise a “right of redemption” by paying the amount outstanding, including any applicable attorneys’ fees, court costs, and late charges, at or before the first return hearing.  The tenant has only one “right of redemption” in any 12-month period. However, if the landlord accepts the rental payment, and sends a notice of acceptance of rent with reservation, then the landlord may still proceed with an eviction.

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