The
most common breach of a lease is non-payment of rent. In this case the
landlord
must serve a five-day notice upon the delinquent tenant. Five days
after such
notice, the landlord may commence eviction proceedings. If, however,
the tenant
pays the rent within those five days then the landlord may not proceed
with an
eviction.
If
a landlord wishes to terminate a lease because of violation of the
lease
agreement by the tenant, other than for non-payment of rent, he or she
must
serve ten days' written notice upon the tenant before eviction
proceedings can
begin. Acceptance of rent after such notice is a waiver by the landlord
of the
right to terminate the lease unless the breach continues.
Notice
may be served upon the tenant by delivering a written copy to the
tenant or by
leaving the same with some person above the age of ten (10) years who
lives at
the party's residence or by sending a copy of the notice to the party
by
certified or registered mail.
Leases
often prohibit the tenant from subletting the premises without the
landlord's
written consent. Such consent cannot be withheld unreasonably.