If I have a settlement agreement with my landlord not to violate my lease agreement for a certain period, would paying late die to the holidays count as a violation?

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If I have a settlement agreement with my landlord not to violate my lease agreement for a certain period, would paying late die to the holidays count as a violation?

And give my landlord the right to evict me

Asked on December 23, 2012 under Real Estate Law, District of Columbia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, paying late due to the holidays would count as a breach of the agreement, unless the agreement specifically provided some grace period or referenced business, not calendar days, and your payment fell within that period. Otherwise, say the agreement says that payment must be received by the 1st of every month--then you are in breach if it's not received until the 2nd or later, notwithstanding that New Year's was in the way. When there are holidays or weekends that impact mail or your paycheck, it's encumbent on you to send the money early.

Technically, the landlord could try to evict you for this breach; in practice, if he has the money within a day or two and you can cite the holidays as a factor, it is unlikely that a court would evict--but they could under the law, so do not rely on this forbearance.


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