It is stated in my lease that if I pay my rent late 3 times within the 12 month period it is a breech of contract. Can he evict me?

Yes, if you are late 3 times. Many times they won't, since I assume you are paying late fees. Also how late you are and how hard they have to work to get their money will effect their desire to evict. If you are a good renter and try to pay, most will work with you. If they would be happy to get rid of you, they may use this to do so.

Most likely he will have to give you a 30 day notice of breach first. However, depending on where you live it could be shorter. But if the lease has such a clause he can enforce it.

I have to ask. Why did you agree to this clause when you signed the lease... and now questioning it?? The clause is legal and enforceable. In my state, if your late just once with the rent, the landlord can legally start the eviction process. Sounds like your landlord is being generous by allowing to to be late 3 times.

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Originally Posted by LILL

I have to ask. Why did you agree to this clause when you signed the lease...and now questioning it??? The clause is legal and enforceable. In my state, if your late just once with the rent, the landlord can legally start the eviction process. Sounds like your landlord is being generous by allowing to to be late 3 times.

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Why would the OP/ tenant not agree? As you note, it's a better deal with the clause than without.