Property Manager Survival Guide to Preparing Default Notices – Part 5

VII. Sample Notice

Below is a sample default notice as part of the Property Manager Survival Guide.

Attached.

DEFAULT NOTICE
TO:

(via posting, hand delivery, and regular mail)

(via regular and certified mail)

(via regular and certified mail)

We represent ______________________(“Landlord”).

YOU AND EACH OF YOU ARE HEREBY NOTIFIED that you are in default of your lease under, without limitation, lease Articles _________________ for the commercial space commonly known as ________________________(the “Premises”).

WITHIN THREE (3) DAYS after service of this notice upon you, you are required to pay, in full, rent and accrued charges or surrender to the landlord your right to possess the Premises. Past due accrued rent and charges are summarized as follows:

Rent, CAM, taxes, utilities, other charges and late fees
due for _______, 2006   $0.00

Rent, CAM, taxes, utilities, other charges and late fees
due for prior months   $0.00

TOTAL DUE AND PAYABLE   $0.00

A complete monthly itemization of rent and accrued charges is attached.

IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS NOTICE WITHIN THE TIME PROVIDED ABOVE, AN ACTION FOR UNLAWFUL DETAINER MAY BE COMMENCED AGAINST YOU PURSUANT TO RCW 59.12.
All payments or correspondence related to this notice should be delivered to ____________________________________________________.

DATED this ______ day of __________________ , 2006.

MONTGOMERY PURDUE BLANKINSHIP & AUSTIN, PLLC

By:______________________________
SCOTT E. FEIR
WA State Bar No. _____________
Attorneys for Landlord

IMPORTANT NOTICE

YOUR LANDLORD DEMANDS FULL PAYMENT OF ACCRUED RENT AND LEASE CHARGES (“RENT”). YOUR LANDLORD’S ACCEPTANCE OF A PARTIAL PAYMENT FROM YOU AFTER SERVICE OF THIS NOTICE WILL NOT POSTPONE OR STOP ANY EVICTION FOR YOUR FAILURE TO PAY FULL RENT WHEN DUE. ANY PARTIAL PAYMENT RECEIVED WILL BE APPLIED TO RENT FIRST ACCRUED AND SHALL NOT BE DEEMED A WAIVER OF YOUR LANDLORD’S RIGHT TO RECEIVE A TIMELY PAYMENT OF FULL RENT OR COMMENCE AN UNLAWFUL DETAINER ACTION AGAINST YOU.

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