It is not uncommon for the parties to a lease to breach its provisions. If and when this happens, the at-fault party, as a matter of courtesy, has to draft a letter to explain its role in the breach. The letter has to specify the remedies that the said party intends to take to cure the failure, breach, or omission.
In case the letter is drafted by the landlord, it is often sent to the tenant prior to the issuance of an eviction notice. The aim is to give the tenant ample time to remedy the issue before finally facing the eviction. A copy of the lease agreement is often attached to the letter and is sent out via certified mail as proof that the affected party has received it.
To be able to draft a great lease default letter, there are steps you have to take and details to incorporate. Here below are some of them explained together with their relevance to the dispute:
Identify the two parties to the lease agreement
Start by identifying the two parties to the lease agreement. These are definitely the landlord and the tenant. It is their agreement that is in dispute here, hence the need to reveal their real identities together with the role they play in it.
Specify the piece of the property concerned
Now specify the piece of the property concerned. This has to do with the name of the property (if it exists), the address wherein it is located, and the specific house or room number, if applicable.
Spell out the dates of the validity of the lease agreement
For how long is the lease agreement valid? You have to showcase the exact dates from which the lease was signed and to which it will expire. That goes a long way in determining whether it is applicable in this sense or not.
State the exact breach, alongside when and how is to be cured
What exactly has gone wrong with the lease agreement? State and explain the exact breach that has arisen, then explain when and how it is to be cured. This forms the core of the letter and ought to be given the necessary attention hence.
Append the necessary signature and dates
Finish off by appending your signature and the date when the same is deemed to take effect. Send it to the other party via certified mail to be sure that it shall reach the targeted person without any worries.
Sample Letters & Templates
NOTICE OF DEFAULT ON LEASE AGREEMENT
Date of Notice: Tuesday, May 26, 20XX
Address of Leased Premise: East Rock Park, 41 Cold Spring Street
City: New Haven
Zip Code: 06511
Dear Mr. Gerald Wilkinson
I draft this lease default letter, in reference to the lease agreement between our company, Golden Age Apartments, and you. The agreement is dated July 23, 2012. Kindly refer to the enclosed copy for foolproof evidence to the same.
I have noted that you have breached the agreement we signed with you in the following ways:
• You have been playing too loud music on the premises.
• On many occasions, you have brought many visitors to the otherwise private residence.
• Your pets have been roaming around the estate carelessly.
I give you 30 days to remedy the acts above. Failure to do that will mean automatic expulsion from our premises. In the meantime, you have to pay a fine of $180.
Just to remind you, we take the welfare of our community and tenants seriously. As such, we never hesitate to act on any issue that is likely to interfere with their welfare and comfort.
Dennis Hobart – Janitor, Golden Age Apartments
E-mail address: [Your-Email]
Templates & Examples
Tips for Lease Default Letter
To be able to draft an award-winning lease default letter, there are some tips you have to adhere to. Here below, we identify and explain these tips for your consideration:
Adopt a timely approach
You should adopt a timely approach in the sense that you should draft it way before the deadline or eviction notice is issued (if you are a tenant). Make an effort to do so as soon as the breach or violation has been noted (if you are a landlord).
When explaining the kind of breach or violation you have inflicted on the agreement, you are advised to be specific. State exactly what wrong you have done and, if possible, cite the specific provisions of the lease agreement that prohibit the same.
There is usually the tendency to shift the blame to the ‘other party’ when drafting a letter of this kind. You are strongly advised against doing this, though. Simply admit your error and commit to remedying it within a stipulated timeframe.
Act within the law
In each jurisdiction, there are laws that govern the defaults from these agreements. It is important that you ‘act within the law’ by referring to or citing these provisions as well as what they portend for the breach altogether.
Specify the Letter
When all is said and done, you should specify the letter typically by addressing the specific individual concerns. This person may be the landlord, janitor, agent, or caretaker, to name but a few! Avoid using generalities like ‘To Whom It May Concern’ or ‘Dear Sir/Madam.’
A lease default letter is absolutely crucial for the maintenance of a good rapport between a landlord and a tenant. It is in your best interest hence to do a good draft of it and send it out in a timely manner. That will also forestall the many court battles that are overall likely to ensue.
By reading the explanations, we have given forth keenly a second or probably a third time, and you will be truly capable of going about the issue well. When do you plan to do exactly that? We would love to hear from you in our comments section hereunder.