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can a landlord on day two say sorry notice to vacate you got to go because of non-payment and the simple answer is yes a landlord can do that because the rent is due on or before the first day of each month and so any payment thereafter is late payment now you may say well Ernie its bad business on on the third Im going to accept the rent because its easier for me to keep a tenant that pays late to go out and have to find a new tenant okay granted but if youre not issuing a written notice of default youre may be creating a more long-term problem with this tenant