A notice of default is never a fun notice to send to a tenant. It means that your tenant hasn’t paid their rent and is now in default.
Take out the frustrations of having to craft your notice of default by using our nice and easy system to do it, as part of our ultimate landlord forms package.
Of course the Notice of Default does not necessary have to be used for late payments. If you aren’t a landlord but need to send a notice of default for another reason then good news – our system is still set up to allow you to do that! It’s a nice and generic Notice of Default template which will cover any type of notice you need.
Our system makes it nice and easy for you and it will take just a couple of minutes and you’ll have created and printed a notice of default to serve to your tenant.
We also offer the options for proof of service or delivery which is very important to have.
Here’s how it works:
How To Write a Notice of Default:
Rather than write a Notice of Default from scratch, our system asks you a few quick questions and then creates a customized notice of default for you.
First – the personalization details. The landlords name and address, and then the recipients name and address. We also have it set up in case there is multiple recipients that you need to send the Notice of Default to.
Then we have the specific details to fully personalize and customize the notice of default to your requirements. First we ask you to put in the title of the original agreement or contract, followed by the date of it.
Next we use a dropdown to allow you to select when the actual payment was due, as well as the amount of the payment.
Finally you can list a date that they must make the payment by.
We also have the option to add proof of service by mail or delivery, as well as the option to add witnesses if you so require it.
Our system then takes that data and creates a notice for you.
It will be addressed to the recipient(s) and list their name(s) and address(es) at the top of the notice. Then it will state that the payment in the amount of dollars you selected was due by the date, and that it has not yet been received by the undersigned.
It then informs them they are hereby required to pay the quoted amount in full and list the date at when they must pay it by.
It next states that if the payment has not been made by the aforementioned date, then you will invoke the remedies that were written in the original contract or agreement signed.
Below that it will list your name and address.
Printable Notice of Default:
Our Notice of Default is available to be printed easily with various different formats. That means no matter whether you are on your home computer, a laptop, an iPad or a cellphone – you’ll be able to print it off no problem.
We offer it in PDF format which can be opened in Adobe Acrobat or other PDF viewers. You can’t edit that format but you can download and print it with ease.
We also offer it in HTML format. You CAN edit that format but we don’t recommend it unless you know HTML code. However this makes it very easy to print – as long as you have a web browser, you can print via this format.
Finally we offer it in RTF and DOC format. These are fully editable and can be opened in Microsoft Word or any other word processing software. Then you can make any edits you wish and print it or save it on your computer for a later time.
What Is A Notice of Default?
To put it simply – a notice of default is a document that you would issue if someone owes you money by a certain date, and have not paid.
This could be a loan. It could be a rent payment. A mortgage payment or any other sort of scenario where someone hasn’t paid monies owed.
It informs the borrower that the money is due and they need to pay the money promptly – by the date set – or other actions will take place. The actions depend on what is in the originally written agreement that they are now in violation of.
For example if it is a rental agreement, it may state that if rent is late by 30 days then you will start the eviction process. So it could state that if rent isn’t paid by the date mentioned, then you will bring forth the eviction process on the tenant.
Do you have a Notice of Default for California?
Rather than create notice of defaults for every single state, we aim to have a “catch all” notice of default form that will accommodate every state and city.
The thing is that many states will have different rules – for example when you can actually send out a notice of default. They may have regulations for how many days you need to wait prior to sending out a notice of default.
Or they may have requirements for issuing the notice of default such as you need to get proof of service or delivery, or you may need a notary public to witness the notice of default.
On top of State regulations, sometimes there are rules for cities as well.
Rather than try and keep on top of all of that we have set up a Notice of Default that will work for any state.
You just have to be aware of any rules and regulations for both the city and state that you live in.
For example in Texas – as of this writing – if you are sending a Notice of Default in Texas, the law in Texas requires you to send it via certified mail as well as give at least 20 days notice in regard to paying the money back.
You also need to send a 30 day breach notice after that. In Texas, the Notice of Default must also state the borrowers address, as well as when the monies must be paid by and the amount.
So we’ve went through all cities and states and came up with a Notice of Default that will cover all of them. So whether it’s a Wisconsin Notice of Default, a California Notice of Default or a Texas Notice of Default – we’ve got you covered. The only thing is you need to be aware of the regulations set forth by your state – and of course check local city bylaws too just in case.
Notice of Default and Intent to Accelerate:
We often get asked if we have a Notice of Default and Intent to Accelerate which is what is what the notice of default is referred to in Texas. That’s what this document is – it states that they are in default, and provides the intent to accelerate within the letter if the money is not received.
Free Notice of Default Template:
Unfortunately we don’t offer a free notice of default template or a sample notice of default template.
Like we said above – all States have different laws. There may be some data that is not required by one state but is by another.
That’s why we have the system above – so it can customize your Notice of Default for the state that you live in.
Otherwise it’d be a lot of work for you getting a downloadable Notice of Default and having to edit it. A notice of default in New Jersey wouldn’t be the same as one in Wyoming for example. So it’s best to rely on our system as well as being aware of the laws by your state.
Blank Notice of Default:
If you wish to create a blank notice of default and fill it in at a later date, that is something you can do within our system.
All you have to do is put in no data when you are on the screen to fill in the data and click to “Create” the Notice. It will then create a blank notice of default with _____ in place of where the data would go.
You can also create a partially filled notice of default if you want. For example you may want a Notice of Default with the landlord details filled in, but everything else blank. That’s easy enough to do. You can simply type in the landlords data and then leave it all blank and it will fill in the landlord details, but leave everything else blank with that ____ for you to write in at a later date. Same with the date.
Finally our documents are stored in the cloud forever so you can access them any time and access them from any computer etc – just in case you need to go to the library to print.