NOTICE OF DEFAULT
Do you have a tenant who can't or won't pay rent and is living for free on your property?
If so, you need to deliver a notice to your tenant immediately describing the default.
Default occurs when a tenant doesn't pay the rent specified in the lease or rental agreement. The default can also pertain to other breaks in the terms of the lease (for example, by adopting a dog when pets are not allowed). However, failure to pay rent is the most frequently committed breach by tenants and is the most common cause of eviction.
Special notices, such as the NOTICE TO TENANT OF RENT DEFAULT, are used when the tenant repeatedly breaks the rules or breaks the rules in a substantial way. When you prepare the form, review the lease to ensure that you are giving the occupant enough time to cure (pay) the default. Inform the tenant of the exact amount due, including late fees.
If the tenant does not pay the full amount of rent and fees within the allotted time, terminate the lease and immediately begin eviction proceedings. Althought this is tricky is some states, you may be able to keep the security deposit as partial payment for the defaulted rent. You may also call the entire amount of rent owed for the duration of the lease due and begin collection efforts on the tenant.
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