Eviction for nonpayment of late fees

[Renee R.]

I have a tenant who has been late with rent payments since August. He's currently paid through Sept, but hasn't paid Oct. He has racked up $360 in late fees. He said Oct rent is 'in the mail' and that he can't pay the late fees until next month. (That's what he said last month.) I've sent him the pay or quit notice and as of today I sent the eviction notice. If he doesn't cure by Oct 15, but does pay the Oct rent, can I proceed with eviction based on non payment of late fees? I don't see anything about this in NH law. I can consult my attorney, but thought I'd start here.