Our supervising attorney wants to know whether he can properly advise his client to issue a three day notice to quit in order to begin the eviction process. Draft a Memorandum of Law advising your senior attorney if the fact pattern from the client interview would qualify for a possible unlawful detainer for failure to pay rent, specifically highlighting the issue of whether repeatedly accepting late rent renders the rent no longer "late."

Remember, this Memo must contain the following sections:Header, Question Presented, Brief Answer, Statement of Facts, Discussion, and Conclusion. You will need to use sub-sections in the Discussion section for each issue and sub-issue. Use the Sample Memo located in Week 5 as a guide. You will be given an opportunity to revise this Memo based on feedback, but you must make a good faith attempt on the front end.

You will need to do the following:

1. Review the outline of the unlawful detainer statute.
2. Review the determinative facts identified from the client interview (Full Interview Located in Week 5 Materials)
3. Use those facts to determine what is the relevant law (For us, the failure to pay rent section of the statute)
4. Identify what issues are presented when applying the facts to that law (what questions do we have about the application? what counter arguments can be made that we need to research? For us, that is the issue of waiver)
5. Use the tools available to you to locate any case on point to develop and explain your rules to resolve said issue (Use westlaw's tools to find any cases interpeting the statute in regards to that issue)
6. Use the explanatory rules or sub-rules found to flesh out our law.
7. Apply the facts to the developed law and Analyze and Counter-analyze.
8. Suggest a conclusion.

Interviewer: Good afternoon, Mr. Smith. Thank you for taking the time to speak with us today. Could you please tell us a bit about the situation with your tenant, John Doe?

Mr. Smith: Sure. John Doe is a tenant in one of my rental properties and he is currently late on his rent for this month. This has happened several times in the past and I have accepted late rent from him before, but I gave him a written letter last month stating that late rent would not be accepted again.

Interviewer: Okay, I understand. Can you tell us about the terms of the lease agreement between you and John Doe?

Mr. Smith: Yes, our agreement was that rent is due on the 1st of every month and any late payments will incur a late fee. We also agreed that repeated late payments may result in termination of the lease agreement.

Interviewer: Was this a written lease?

Mr. Smith: No, I didn't see a reason to do that. We shook on it in person. He's been a long-standing member of my church, so I had no reason to doubt his integrity.

Interviewer: Okay, did you ever email him or text him regarding the agreement?

Mr. Smith: Yes, we did text each other when it started back at the end of 2021. Let me see if I can find it . . . Okay. Here it is: "So, we're on for January at $1000 per month. 30-day notice to end it on either side. Due on the 1st. $50 late fee after the 5th?" He responded with a thumbs-up emoji.

Interviewer: What date was that text message sent?

Mr. Smith: It looks like November 15th. Uh, of 2021.

Interviewer: Alright, can you screenshot your message history with him and then send that to us via email?

Mr. Smith: Certainly.

Interviewer: Thank you. Alright, so rent was due on the first of this Month. It is now February 13th. And he has not paid? Have you spoken to him about it?

Mr. Smith: Yes, he has not paid yet for this month. Not the $1000 or the $50 late fee. I spoke to him around the start of the month on it. John told me that he recently lost his job and is having financial difficulties. He said he might be a few days late this month. I reminded him that I gave him a letter last month saying we couldn't accept rent late again.

Interviewer: Was this conversation in person, or via text?

Mr. Smith: It was in person. John has stopped responding to text messages for the past couple of months. He says he's been having issues with AT&T and that his cell service periodically stops working.

Interviewer: Was anyone else around for this conversation?

Mr. Smith: Just me and him.

Interviewer: Okay, so tell me about this letter you sent last month. What did it say? When did you send it?

Mr. Smith: I handed it to him in person. He didn't pay until nearly the end of the month. Said his car broke down and that he had to spend a lot of money too get it fixed. My wife is fed up with the late payments, so I wrote up a letter saying that we would be looking for a lawyer if he was late again.

Interviewer: Do did you retain a copy of the letter?

Mr. Smith: Yes, I have it here.

January 15, 2022

John Doe

123 Sample Rd.

Little Rock, AR 72202

John,

I know you're a good man and have been having a hard time, but we are all having a hard time right now. I can't keep have you paying late. If you're late again on your rent we're going to have to get a lawyer and get you out of there.

Greg Smith

Interviewer: Okay, thank you. Do you have a payment record for John? Or any records of when he would pay and how?

Mr. Smith: Yes, we keep a log book. Just a moment . . . here.

Month/Year | Rent Payment | Payment Date | Amount Paid | Late Fees

January 2022 | On time | January 5th, 2022 | $1,000 | $0

February 2022 | Late | February 10th, 2022 | $1,000 | $50

March 2022 | On time | March 5th, 2022 | $1,000 | $0

April 2022 | Late | April 15th, 2022 | $1,000 | $50

May 2022 | On time | May 5th, 2022 | $1,000 | $0

June 2022 | Late | June 12th, 2022 | $1,000 | $50

July 2022 | Late | July 20th, 2022 | $1,000 | $50

August 2022 | On time | August 5th, 2022 | $1,000 | $0

September 2022 | Late | September 10th, 2022 | $1,000 | $50

October 2022 | Late | October 15th, 2022 | $1,000 | $50

November 2022 | On time | November 5th, 2022 | $1,000 | $0

December 2022 | On time | December 5th, 2022 | $1,000 | $0

January 2023 | Late | January 20th, 2023 | $1,000 | $50

Interviewer: Have you had any discussions in the past about the payment arrangements?

Mr. Smith: John Doe has provided various excuses in the past, such as unexpected expenses or temporary financial hardship.

Interviewer: Have you taken any action in response to the late rent payments?

Mr. Smith: Yes, I have given John Doe verbal reminders in the past, but last month was the first time I gave him a written letter stating that late rent would not be accepted again.

Interviewer: Is there anything else that you think we should know?

Mr. Smith: Yes, there have been several noise complaints from neighbors about John Doe's late-night parties. Additionally, there has been some damage to the apartment, such as a broken window, that I believe was caused by John Doe or his guests.

Interviewer: Okay, I understand. Is there anything else you would like to add?

Mr. Smith: No, that's all the information I have. I gave him a written warning month week and he still hasn't paid the rent. I can't keep accepting late payments forever, especially when it's stated in the lease agreement.

Interviewer: Alright, Mr. Smith. Thank you for your time. We'll make sure to take all of this information into consideration when determining the best course of action for your potential eviction lawsuit.