Please add more details to the following legal memo. such as analysis and application:

QUESTION PRESENTED

Whether Greg Smith can issue a 3-day notice to quit to John Doe in order to begin the eviction process for failure to pay rent, or has Smith waived his ability to enforce those provisions by accepting past due payments from Doe.

BRIEF ANSWER

Yes, Smith can begin the eviction process against Doe for not paying rent, even though Smith had previously accepted past due payments. This is because Smith informed Doe verbally and through a letter that Smith would no longer accept past due payments from Doe.

STATEMENT OF FACTS

John Doe is renting a property from Greg Smith. They agreed that rent is due on the 1^st of each month and there will be a late fee for any past due payments. They also agreed that repeated past due payments could lead to the termination of the lease. This agreement was not written down, but they shook hands on it in person and agreed via text in November 2022. Rent was due on the 1st of this month, but it is now February 13th and Doe still hasn't paid. This has happened multiple times before, and Smith has accepted past due payments from Doe in the past. However, last month, Smith gave Doe a written letter stating that late rent would no longer be accepted. Smith spoke to Doe personally earlier this month and reminded him about the letter because Doe has not been responding to Smith's text messages for the past couple of months. Smith has verbally reminded Doe about the late rent in the past, but last month was the first time he provided a written warning. Therefore, Smith would like to know if he can serve a 3-day notice to quit on Doe in order to begin the eviction process for his failure to pay rent on time.

DISCUSSION

IT IS PROBABLE THAT A COURT WOULD RULE IN FAVOR OF SMITH'S

RIGHT TO INITIATE THE EVICTION PROCESS, AS HE HAD INFORMED DOE

VERBALLY AND IN WRITING THAT HE WOULD NO LONGER ACCEPT LATE

PAYMENTS

It is probable that a court would rule in favor of Smith's right to initiate the eviction process, as he had informed Doe verbally and in writing that he would no longer accept past due

payments. Despite previously allowing past due payments, Smith has the right to serve Doe with

a 3-day notice to quit, as he had communicated his intolerance for past due payments, thus

making Doe aware of the potential for eviction.

A. Smith can succeed with the eviction process because Doe has refused to pay rent and

a 3-day notice to quit should be served on him in order to proceed.

To succeed in an unlawful detainer case, under Ark. Code Ann. 18-60-304, a landlord

can seek immediate possession of a property if a tenant fails to pay rent and refuses to leave after

three (3) days' notice to quit and demand in writing from the owner or their agent or attorney.

B. Smith can succeed with the eviction process even though he has accepted past due

payments from Doe.

Additionally, according to Ark. Code Ann. 18-16-101, if a person renting a dwelling or

land in Arkansas fails to pay rent as agreed upon in the contract, they will lose the right to continue occupying the property. Therefore, despite any previous instances of accepting late rent,

Mr. Smith can still take legal action for continued past due payments.

InDuncan v. Malcomb, 351 S.W.2d 419, 421 (Ark. 1961), the Supreme Court determined

that the lessor's acceptance of rent payments for the years 1958 and 1959, despite being seven to

eleven months late, clearly indicated that prompt payment of rent had been waived. Therefore,

the clause in the lease regarding forfeiture could not be enforced in the future unless the lessor

provided the lessee with reasonable notice before canceling the lease due to past due payment of

rent. Id. Smith did provide notices to Doe on separate occasions, unlike Duncan.

CONCLUSION

I recommend that we proceed with issuing a three (3) day notice to quit to Doe to initiate

the eviction process for non-payment of rent. Smith has informed Doe verbally and through a

letter that past due payments will no longer be accepted.