Question
Sylvia owns and operates Sylvia's Trophies. Sylvia's Trophies is a small tenant in a shopping center. In 2021 Sylvia was often overdue in her rent
Sylvia owns and operates Sylvia's Trophies. Sylvia's Trophies is a small tenant in a shopping center. In 2021 Sylvia was often overdue in her rent payments, but made payments by the 10th day of the following month. In three instances, her Landlord, Kraftco, contacted her by phone or e mail reminding her that payment was overdue.
On January 15, 2022 Kraftco sent Sylvia a written notice stating that January rent was overdue and that a late penalty would be required in accordance with the Lease equal to 5% of the January rent. Three days later on January 18, Kraftco received Sylvia's payment of base rent. However, her payment did not include the late fee and did not include the monthly CAM charge.
8. Can Kraftco find Sylvia's Trophies in default even though she is current on base rent through January month end? (Y/N): _____. If yes what next action is required from Landlord before formal default exists?
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