What is the law on acceptance of late payment of rent from the tenant?

Full question:

After accepting my late rental payment, my landlord is now threatening to terminate the tenancy contract. Can he terminate the contract after accepting my late rent?

  • Category: Landlord Tenant
  • Subcategory: Lease Payments
  • Date:
  • State: Kansas

Answer:

If your landlord accepted the late payment of rent without any limitations or objections, then such acceptance acts as a waiver of his right to terminate the rental agreement for late rental payment. You may have a look at the relevant statutory provision in this regard.

K.S.A. § 58-2566:
“Acceptance of late payment of rent from the tenant without reservation by the landlord, or acceptance of performance by the tenant, other than for payment of rent, that varies from the terms of the rental agreement, constitutes a waiver of the landlord's right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Once you sign a lease, it generally becomes a binding contract. However, some leases may include a 'cooling-off' period or specific clauses that allow you to change your mind under certain conditions. If no such provisions exist, you typically cannot unilaterally change your mind without facing potential penalties. Always review your lease agreement carefully for any specific terms regarding cancellation. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*