§ 151.42. TENANT'S NONCOMPLIANCE WITH RENTAL AGREEMENT; FAILURE TO PAY RENT.  


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  • (A) Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a material noncompliance with §§ 151.31 or 151.32, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 14 days after receipt of the notice. If the breach is not remedied in 15 days, the rental agreement shall terminate as provided in the notice subject to the following. If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six months, the landlord may terminate the rental agreement upon at least 14 days' written notice specifying the breach and the date of termination of the rental agreement.
    (B) If rent is unpaid when due and the tenant fails to pay rent within seven days after written notice by the landlord of nonpayment and his or her intention to terminate the rental agreement if the rent is not paid within that period, the landlord may terminate the rental agreement.
    (C) 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 §§ 151.31 or 151.32. If the tenant's noncompliance is willful the landlord may recover actual damages and reasonable attorney's fees.
    (1994 Jeff. Code, § 151.42) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)