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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2677
Experience:  Litigation Attorney
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I lease my home to my ex-wife for $150/month of which the

Customer Question

I lease my home to my ex-wife for $150/month of which the market rate is about $2,200. It is a long-term lease for 10+ years (depending on when my daughters leave the home). The lease is part of my divorce decree, but the lease itself states that if she
is late with the rent payment (after the 5th of the month), the lease can be terminated. She had paid late on occasion but recently she paid her rent late in April of this year by 1 day...she deposited funds in my bank on the 6th. Being as a number of weeks
have passed, can I still elect to terminate the lease? Any other things I need to be aware of when doing so? Side note....I am currently pursuing a modification in custody. She was arrested for assaulting me in Sept and I have video/counselor evidence of her
physically abusing my kids. If I win custody, this becomes a non-issue but who knows how long it could take. My business is suffering and I need money to fight for custody. Can I legally evict her? How would I proceed?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
If the lease itself calls for the termination of the lease if your ex-wife is late at all then you can terminate the lease, but there are some defenses she could use and the Court will not look kindly on terminating a lease for a 1 day late payment. The court could also decide that if you have shown a pattern of accepting rent late that you have constructively waived the right. In the future I would send correspondence to her stating that there is a provision in the lease that states that paying rent late gives you a right to terminate the lease. By accepting payment, you are not waiving that right. If you do decide to move forward with the termination of the lease, the language gives you the right to do so (you need to read all the provision in the lease related to late payment and termination to fully ascertain your rights). Normally the court will allow an eviction for non payment of rent but when the tenant pays the eviction process will be stopped unless that tenant is breaking other provisions in the lease allowing the landlord to evict. I would also caution you accepting payment late and still terminating the lease (the court would continue to look unkindly on such a small break in terms leading to a termination).
in summary, yes you can evict, but be sure of the exact language in the lease and understand that it might not be a slam dunk.
Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer as this is the only way that I am compensated for my work.
Expert:  Christopher B, Esq replied 1 year ago.
I just wanted to check back in, do you have any further questions? Please positively rate my answer as it is the only way I will be compensated.

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