Which factor can lead to a "material breach" of a lease?

Late payment without notification can indeed lead to a "material breach" of a lease. In lease agreements, timely payment of rent is often one of the most critical obligations of the tenant. A material breach is generally characterized by a failure to perform a significant obligation that adversely affects the overall purpose of the contract. If a tenant pays rent late without any prior notification or communication with the landlord, it indicates a disregard for the agreed terms and can disrupt the landlord's financial planning. This failure can therefore be seen as significant enough to constitute a material breach, allowing the landlord the right to take action, such as issuing a notice of default or pursuing eviction.

In contrast, minor maintenance issues and routine inspections typically do not rise to the level of material breaches since they usually do not impede the fundamental obligations of the lease. Infrequent communication, while it may signal a lack of engagement between the parties, is less likely to constitute a breach unless it directly impacts the execution of contractual obligations.