(I) Allows the tenant at least ninety days after receiving the notice described
in subsection (3)(e)(II) of this section to vacate the residential premises after the
tenant has refused to sign the new rental agreement, during which time the tenant
may remain in possession of the residential premises under the same terms as the
tenant's existing rental agreement; and
(II) Provides the tenant proper service of a written notice of the landlord's
intent to terminate the tenancy, which notice includes the date on which the tenant
will be required to vacate.
(f) History of nonpayment of rent. (I) If a tenant submits a rent payment late
more than two times during the period of the rental agreement, the landlord may
initiate a no-fault eviction of the tenant at the end of the term of the rental
agreement so long as the landlord:
(A) Allows the tenant at least ninety days after receiving the notice
described in subsection (3)(f)(I)(B) of this section to vacate the residential premises,
during which time the tenant may remain in possession of the residential premises
under the same terms as the tenant's existing rental agreement; and
(B) Provides the tenant proper service of a written notice of the landlord's
intent to terminate the tenancy, which notice includes the date on which the tenant
will be required to vacate.
(II) For purposes of this subsection (3)(f), a rent payment qualifies as late if it
is submitted more than ten calendar days after the day it is due according to the
rental agreement and the landlord provides the tenant with proper service of a
written notice under section 13-40-104 (1)(d).
(III) This subsection (3)(f) does not apply if the rent payment is submitted
within the cure period described in section 13-40-104 (1)(d).