§521-68 Landlord's remedies for failure by tenant to pay rent. [Section effective until February 4, 2026. For section effective February 5, 2026, see below.] (a) A landlord or the landlord's agent may, any time after rent is due, demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in the notice, not less than five business days after receipt thereof, the rental agreement will be terminated. If the tenant cannot be served with notice as required, notice may be given the tenant by posting the same in a conspicuous place on the dwelling unit. If the tenant remains in default, the landlord may thereafter bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession.
(b) A landlord or the landlord's agent may bring an action for rent alone at any time after the landlord has demanded payment of past due rent and notified the tenant of the landlord's intention to bring such an action. [L 1972, c 132, pt of §1; am L 1978, c 167, §1; gen ch 1985; am L 2021, c 57, §§2, 7]
§521-68 Landlord's remedies for failure by tenant to pay rent; prelitigation mediation. [Section effective February 5, 2026. For section effective until February 4, 2026, see above.] [Repeal and reenactment on February 4, 2028. L 2025, c 278, §7(2).] (a) A landlord or the landlord's agent, any time after rent is due, may demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in the notice, not less than ten calendar days after receipt thereof, the rental agreement will be terminated. Notice may be given to the tenant by posting the same in a conspicuous place on the dwelling unit, and the notice shall be deemed received on the date of the posting. If the notice is mailed to the tenant by United States Postal Service, properly addressed and with appropriate postage, the notice shall be deemed to have been received two business days after the date of the postmark, unless the letter is returned to the landlord or landlord's agent as undeliverable. If the tenant remains in default after the expiration of the time stated in the notice, the landlord may bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession, subject to this section. The notice required by this section need not be given if the action is based on the breach of a mediated agreement or other settlement agreement, or is for a summary proceeding for possession based on matters other than nonpayment of rent. In any action based on the breach of a mediated agreement, the court shall not require any further mediation before trial.
(b) The ten-calendar-day notice required under subsection (a) shall include the following:
The judiciary shall prepare a notice form that may be used by landlords and landlords' agents to provide the information required by this subsection and make the form available on its website.
(c) A landlord or the landlord's agent shall provide the ten-calendar-day notice to a state-funded mediation center that offers free mediation for residential landlord-tenant matters. All state-funded mediation centers shall offer mediation services to landlords, or landlords' agents, and tenants through in-person and remote means, and shall allow mediation participants to utilize remote appearances, if requested. If a mediation center schedules mediation within the ten-calendar-day period and the tenant participates in the mediation, regardless of whether the scheduled mediation session occurs within the ten-calendar-day period, the landlord or landlord's agent shall only file a summary possession proceeding after the expiration of twenty calendar days from the date of the tenant's receipt of the ten-calendar-day notice, unless the tenant fails to appear at mediation or cancels the mediation. If the tenant schedules mediation, the landlord or landlord's agent shall participate. Mediation shall take place within thirty days from the date that the mediation center makes contact with both the landlord, or the landlord's agent, and tenant. Upon request by the landlord or landlord's agent, the mediation center shall provide copies of a document or documents verifying that the landlord or landlord's agent provided a copy of the required ten-calendar-day notice to the mediation center.
(d) The summary possession complaint for nonpayment of rent shall include:
(e) If there is any defect in the ten-calendar-day notice described in subsection (b) provided by the landlord or landlord's agent and the court determines the defect was unintentional or immaterial, the court may allow the landlord or landlord's agent to cure the defect without dismissing the action for summary possession.
(f) Nothing in this section shall impact a landlord's or tenant's other rights and responsibilities under this chapter.
(g) The mediation may take place using remote communication, in person, or both.
(h) Each landlord and tenant shall be responsible for bearing the party's own costs, including attorneys' fees, relating to the mediation; provided that if the tenant defaults on a mediated agreement or fails to attend a scheduled mediation, the landlord or landlord's agent may request payment of all costs, including reasonable attorneys' fees, incurred during the pre-litigation mediation process.
(i) If the mediation does not result in an agreement, the landlord or the landlord's agent may file an action for summary possession without participating in an additional mediation; provided that:
(j) A landlord or the landlord's agent may bring an action solely for rent at any time after the landlord has demanded payment of past due rent and notified the tenant of the landlord's intention to bring the action. [L 1972, c 132, pt of §1; am L 1978, c 167, §1; gen ch 1985; am L 2021, c 57, §§2, 7; am L 2025, c 278, §2]