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Does my lease agreement correctly identify the late fees as additional rent and can I be evicted for not paying the fees. Rent is due in advance on the 1st and delinquent if not paid by the 2nd day. The agreement states, "If any installment of Rent due from Tenant is not received by Landlord on the due date, or if a check is returned, Tenant shall pay Landlord, respectively, an additional $95 as a 'Late Charge' and $25 as a NSF fee for the first returned check and $35 as a NSF fee for each additional returned check, either or both of which shall be deemed additional Rent. This seems ambiguous since 'either or both' could refer to the NFS fees as additional rent. Assuming the late fee are additional rent, can it be included on a 3 day notice? If I pay rent, but not fees, can they evict?