LandlordStation.com recommends a simple, standardized way of notifying lessees when they are behind on rent. We suggest a default warning letter to tenant. In the event that a tenant neglects to pay rent for an apartment, home, condo, or other property, the landlord must legally give written notice. In a default warning notice to tenant, the property management must inform the tenant of the debt and any consequences that will ensue if the debt remains unpaid. This notice is generally posted on the door of the property as well as mailed to the tenant once the details and dates are filled in by management.
A default notice only becomes necessary when rent has not been paid within the number of days as stated in the lease. However, the notice may also cover additional debts, such as late fees and other costs. A landlord can also outline any relevant state statutes, the exact costs that have been incurred and how to pay the debt in the tenant warning letter of default. This notice should also explain how long the tenant has to pay before other steps are taken, and what actions he or she may face if the debt is not resolved. These consequences could include legal eviction proceedings and related court costs, which the notice should detail as well.
The default warning letter to tenant may also mention any additional consequences. These can include the sending of default notification reports to the credit bureau and any other corresponding financial responsibilities due to breach of contract. An explanation of consequences specific to your lease agreement may also be mentioned in the letter. For example, certain contract terms might allow the lease to be voided and property reclaimed regardless of whether or not the debt in question is promptly settled after the tenant warning letter of default is received.
As a landlord, when you sign, date, and serve the default warning letter to tenant accordingly, you have fulfilled your legal obligation to inform a renter of any outstanding debt. This provides a strong basis for seeking an eviction or other financial recoveries in court should the tenant refuse to resolve the debt. If you clearly outline every relevant amount, date, and consequence in your notice, you can more effectively avoid any claims of confusion by the tenant. In the case of a miscommunication or true ignorance, the issue can be resolved promptly. Prompt resolution benefits both parties.
One way of ensuring your default warning notice to tenant is effective and legally-sound is to research different forms on the internet (like the one we’ve provided below), or you can create your own version, and have an attorney review it for legality. You may also pay an experience, licensed lawyer to draw one up for you. However, we think the most convenient, cost-effective way of obtaining a legally binding default warning letter to tenant is by purchasing one from our forms section right here on LandlordStation.com.
Sample Notice of Default:
In accordance with (insert relevant state statute), you are hereby notified that you are in default in the payment of rent, late charges and other charges as itemized below.
Rent for the month(s) of: (month/s here)
At (dollar amount here) per month, totaling: (total amount here)
Late Charges: (charges listed here)
Total due landlord as of (date here) (total amount here)
If you fail to pay the full amount due to your landlord by (insert date) , you may be subject to immediate institution of eviction proceedings. In the event of these legal proceedings, you may then be liable for court costs and attorney fees.
Court Cost: (total court cost here)
Attorney Fees: (total attorney fees here)
Total attorney fees and court costs: (court and attorney fees total here)
In addition, if rent is not paid by (insert date, or number of days) , your landlord has the right to terminate your lease and regain possession of your rental property, and you may be liable for additional breach of contract costs.
Judgments in eviction proceedings are immediately reported to the credit bureau. Immediate payment of debts may protect your record.
If you believe you have received this notice in error, contact the rental office immediately. Your payment of rent at this time is accepted only with reservation and will not prevent the landlord from seeking possession of your dwelling in the General District Court.
Therein, addressed to said tenant(s) at the address of the dwelling unit named therein all on the (date here) day of (month here) , (year here) .
Issued by: (name here)
Landlord’s Authorized Representative
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