I have a tenant who rented a parking space in my inside parking facility in August with a month to month lease. He has been late on rent every month since moving in. I have had to get on him about using more space than he is paying for, then wiring his compressor straight to our electrical box without a plug, then sleeping in facility, and grilling in the facility. On 1/14/21 I received complaints from long time tenants that a group of people were in his area smoking weed. I sent sitelinks form for not renewing his lease by email and certified mail. He called today to try to make a payment. I informed him that I would not be taking his payment because we were not renewing his lease. He admitted to not reading his emails and his mailing address is at his sisters house. He says that he was not smoking weed. I told him the decision is final and he has to be out by 1/31/21. He has called 3 times today asking me to let him renew the lease. I told him the owner says the decision is final. He keeps asking to speak with the owner. I explained to him that he can not speak with the owner. He pays me to take care of these things. He then called back and said he spoke with the police dept and legal aid and was told I could not evict him without going to court. I explained that he was not being evicted that we were choosing not to renew his lease. Our lease states the following: Lessee agrees to indemnify against, and hold Lessor harmless from, any and all claims, losses, damages, expenses, costs, and attorney fees arising out of, or caused by, Lessee’s breach of any term(s) of this Lease Agreement.
In addition to any other remedy provided at law or in this Agreement, it is expressly agreed that if Lessee is in breach of this Agreement with respect to any obligation hereunder, and shall remain in default for a period of five (5) days following written notice from the Landlord calling attention to such default, Lessor may declare this lease terminated and canceled and take possession of the Storage Area without prejudice to any other legal remedy it may have on account of such breach. Said notice may be given to the person in charge of the premises at the address provided below, or at such other address as Lessee may provide by written notice to Lessor.
Am I understanding the lease correctly that I do not have to give 30 days notice of non renewal because he is in breach of his lease?
In addition to any other remedy provided at law or in this Agreement, it is expressly agreed that if Lessee is in breach of this Agreement with respect to any obligation hereunder, and shall remain in default for a period of five (5) days following written notice from the Landlord calling attention to such default, Lessor may declare this lease terminated and canceled and take possession of the Storage Area without prejudice to any other legal remedy it may have on account of such breach. Said notice may be given to the person in charge of the premises at the address provided below, or at such other address as Lessee may provide by written notice to Lessor.
Am I understanding the lease correctly that I do not have to give 30 days notice of non renewal because he is in breach of his lease?
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