[WSBARP] continual late payments - commercial lease & forfeiture

[Josh Grant]

Listmates:

I have a landlord under a written commercial lease whose tenant continually is late with payments.  I have had to prepare and have served 3 “3 day notices to pay or vacate” in the last 3 months.  Even with the payment of late fees, this is getting expensive.  Is there a rule of thumb, or any authority that after a certain number of late payments, (and this lease does not have this as a provision) that Landlord can just do a notice to vacate and indicate that no more rent will be accepted, perhaps after there have been a few warnings “please note if you don’t make future payments on time, Landlord will forfeit the lease”.   and when this is contested in a UP action, we say “judge, we have suffered 5 months of late payments... please forfeit this badboy”.

thanks

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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