Free Lease Default Letter Templates

A lease default letter is a document served to a tenant or landlord to notify them that they are in breach of one or more clauses of the lease agreement.

Although tenants commonly use lease default letters to inform the landlord that they are in breach of the lease agreement, the lease default letter can also be used by landowners to inform the tenants of the same. However, one key thing to note is that the lease default letter is not an eviction notice; but it would be unwise for the tenant to ignore it as the consequences could be significant.

If written by the landlord, the lease default letter’s purpose is to let the tenant know the particular problem and provide them with a time frame for remedying such problems. Should the tenant fail to remedy the problem within the provided time frame, action may be taken against them depending upon the default and the lease agreement’s provisions.

There are two main types of lease default letters that can be served to a tenant depending on the type of default.

They include:

Default due to late rent

This is the most common type of lease default letter and is served to tenants for non-payment of rent. Should the tenant fail to remedy the default within a specified period, the type of action taken against them would depend on the default duration and the lease agreement’s wording. It is recommended that landlords use the Notice to Quit for Non-payment if the tenant fails to pay their rent over a long time.

Default due to non-compliance

Another reason why a tenant may be served a lease default letter is due to Non-compliance, e.g., damages caused to the property, failure to comply with the parking requirements, taking part in activities prohibited in the lease agreement. Should the tenant fail to resolve the problem after being served the lease default letter due to non-compliance, the landlord may opt to serve them with a Notice to Quit for Non-Compliance instead.

It is common for landlords to find themselves in situations where they have to issue their tenant(s) with lease default letters for non-compliance or late rent payments. As such, it is important that they learn how to properly craft the letter professionally to avoid future litigations that may be both costly and time-consuming.

Here is how the lease default letter should be crafted:

Define the recipient

Include the tenant’s full name as indicated on the lease agreement. It is important that the name included matches the exact name included in the lease agreement, as a small error in the name may mean someone else entirely. For example, if the tenant’s name is Peter Michaels, ensure that the name is written in full and not shortened to Peet Michael, as the tenant may dismiss the letter as having received it by mistake.

Identify the default lease by date

When drafting the lease default letter, it is important to inform the tenant of the lease agreement that they signed when leasing the premises. Most lease agreements can be identified by the name and address of the premise leased, the parties involved in the agreement, and the lease date, i.e., the date of execution. Include the exact date of execution of the lease agreement in the lease default letter to help the tenant and court, should the issue escalate, understand the lease agreement in question.

Explain the default

There are various ways in which the tenant may default on their lease agreement, including:

• An act of insolvency
• Breach of permitted use
• Breach of the repair agreement
• Failure to pay rent
• Unauthorized alterations etc.

The tenant must be informed of their specific default to help them remedy such defaults or plead their case on time. Explain in detail and if need be, quote the specific clause that they have defaulted on from the lease agreement to help them understand why they are receiving the default notice.

Document the amount of notice being afforded

The lease default letter should notify the tenant of the exact number of days afforded to them to remedy their defaults. The amount of notice should be calculated from the date the notice is issued. However, one needs to check with their state and federal government laws to ensure that the notice period that they provide doesn’t go against the laws governing such notices.

Contact information

For the tenant to take the default letter seriously and for it to hold up in court should the issue escalate, the landlord should provide their contact information, i.e., their print name, phone number, email, and signature. The letter should be signed and stamped to show that the landlord acknowledges the letter and should be hand-delivered to the tenant or sent via certified mail and the receipt to show that the tenant received the letter.

There are things that the landlord must consider when sending the lease default letter to their tenants.

Including:

• Send the letter prior to sending an eviction notice: Before issuing the tenant with an eviction notice, they should first be issued with a lease default letter and be afforded time to rectify their default.  

• Send the letter via certified mail: It is recommended that the landlord sends the default letter via certified mail to ensure that the tenant receives the letter.

• Attach a copy of the lease agreement to the lease default letter: A copy of the lease agreement should be attached to the default letter to help the tenant understand the clauses they have breached and actions that would be taken against them should they fail to remedy the breach.

Following are the free editable lease default letter templates for you that can be customized as per needs

#01

Download