You may have rented or leased your premises to a tenant, for specific sum of monthly rent, which the tenant needs to pay by certain date every month. But, if the tenant fails to pay the due Rent on time or defaults in paying, what course of action can you take to recover the due Rent amount? You or your layer can issue him Notice of Default for payments of the rent.
It is common among the landlord and tenant to pass through such situations during the tenancy or rental period, where the Landlord lease out his property to the tenant and tenant defaults in paying rent or work against the terms of the lease. The default can be in various forms, such as non payment of rents, subletting the property without the knowledge of the Landlord, making alteration or modification of the property, without informing the property owner or using the property for other [purposes then, actual user provision mentioned in the Lease Agreement.
If the tenant works against the Lease Contract terms then, the landlord is left with no alternative, except to issue the Notice of Default against the tenant. The reason being, when the written Lease Contract is signed between the landlord and tenant, it becomes legally valid document and all provisions & clauses mentioned in the Contracts are legally binding on both parties. Thus, when the Landlord issues the Default Notice, he is working under the Contract parameter and provisions and, protecting his right as premises owner.
On receiving the Default Notice, the tenant will have to rectify the cause of defaults or may face the consequence of eviction from the leased property. The landlord, after serving the notice to the tenant, is also following the legal requirements of issuing of Notice. After serving the notice, the landlord can start legal proceedings against the tenant for his defaults.
Below given, Rent Default Notice template shows how such notice can be prepared as per the requirements of the Landlord.
NOTICE OF DEFAULT
Date:
To:
Re:
Please be advised that the undersigned is the holder of Lease Agreement of ______________Property, located at ________________ , City, _____________ State and signed by you, dated ____________________, for monthly Rent, $____________________ payable on ____________ date, every month.
You are hereby notified that you have defaulted under said note because you have failed to pay the Rent due ______________ 20__ in the amount of $____________
Therefore, demand is hereby made upon you for full payment of the entire balance due on said note in the amount of $_____________, including interest accrued to date.
If the entire amount due is not received on or before _____________________, I shall instruct legal counsel to commence legal proceedings against you.
Attention to the note, which obligates you to pay in addition to the principal Rent and interest, costs of collection, including attorney’s fees.
Your prompt attention to the foregoing is anticipated.
Very truly yours,
____________________________
Landowner Representative/Agent/Attorney