A “Sample Letter To Tenant Not Acceptance Of Paying Rent” is crucial. Landlords use it when they receive rent. But, they don’t want that payment to change things. Maybe there’s an eviction case ongoing. Or, maybe the tenant owes more money. This letter makes it clear that accepting the rent does not drop the case. It also doesn’t excuse owed balances.
Need to write such a letter? Don’t worry! We’ve got you covered. We will share samples of this letter. These samples will make the process easy.
This article provides various letter templates. Use them as a guide. Tailor them to your specific situation. Writing becomes stress-free with our examples!
Sample Letter To Tenant Not Acceptance Of Paying Rent
[Your Name/Company Name]
[Your Address]
[City, State, Zip Code]
[Date]
[Tenant’s Name]
[Tenant’s Address]
[City, State, Zip Code]
Subject: Regarding Rent Payment
Dear [Tenant’s Name],
This letter concerns your recent rent payment of [Amount] received on [Date]. Please be advised that while we have accepted this payment, it does not constitute an acceptance of past due rent or a waiver of any rights or remedies we have under the lease agreement.
Your account remains in arrears for the period of [Start Date] to [End Date]. The total outstanding balance, including late fees where applicable, is currently [Amount].
We urge you to contact us at [Your Phone Number] or [Your Email Address] to discuss a payment plan or other arrangements to resolve this outstanding balance. Failure to address this matter promptly may result in further action, as outlined in your lease agreement.
Sincerely,
[Your Name/Company Name]
How to Write Sample Letter To Tenant Not Acceptance Of Paying Rent
Subject Line: Clarity is Key
- Be unequivocally clear. Something like: “Notice: Rent Payment Received – Non-Waiver of Rights” is ideal.
- Avoid ambiguity. Steer clear of phrases that could imply acceptance or satisfaction.
- Reference the specific payment amount and date received to obviate future misunderstandings.
Salutation: Addressing the Tenant
- Use a formal salutation, such as “Dear [Tenant’s Name]”. It maintains a professional distance.
- Avoid overly friendly or casual greetings. This isn’t a convivial chat; it’s a formal communication.
Body Paragraph 1: Acknowledgment and Disclaimer
- Acknowledge receipt of the payment. For example: “This letter acknowledges receipt of your payment of [Amount] on [Date].”
- Immediately follow with a strong disclaimer: “Please be advised that acceptance of this payment does not constitute a waiver of any rights we may have under the lease agreement, nor does it cure any existing default, including but not limited to [Specify Default, e.g., outstanding balance].”
Body Paragraph 2: Delving into the Specifics
- Elaborate on the extant default. Be granular. If it’s unpaid rent, specify the months and amounts.
- Reference relevant clauses in the lease agreement. This provides a legal anchor for your position.
- Reiterate that the payment is being applied towards the outstanding balance but does not resolve the default.
Body Paragraph 3: Demands and Expectations
- Clearly state what actions you expect the tenant to take to remedy the default. Be explicit.
- Set a firm deadline for compliance. Vague timelines are your adversary here.
- Concisely reiterate the consequences of non-compliance. Avoid mincing words.
Closing: Maintain Professionalism
- Use a formal closing, such as “Sincerely” or “Regards.”
- Include your name and title. Clarity is paramount.
- Avoid any language that could be construed as conciliatory or forgiving.
Delivery Confirmation: Safeguarding Your Position
- Send the letter via certified mail with return receipt requested. This provides verifiable proof of delivery.
- Keep a copy of the letter for your records. Documentation is your best defense.
- Consider also sending a copy via email for added immediacy, but the certified mail is crucial.
Frequently Asked Questions: Non-Acceptance of Rent Payment Letter
This section addresses common inquiries regarding letters issued to tenants indicating that accepting a rent payment does not constitute a waiver of any rights or pending legal actions.
Understanding the implications of such a letter is crucial for both landlords and tenants.
Why would a landlord send a letter stating non-acceptance of rent as a waiver?
Landlords send these letters to ensure that accepting rent during an eviction process or other legal dispute does not automatically forfeit their right to pursue legal action against the tenant.
What does it mean for a tenant to receive this type of letter?
Receiving this letter signifies that despite the landlord accepting rent, the underlying issues, such as lease violations or pending eviction proceedings, are still in effect and being pursued.
Is it legal for a landlord to accept rent while pursuing eviction?
Yes, in many jurisdictions, landlords can accept rent while simultaneously pursuing eviction, provided they clearly communicate that accepting the rent does not waive their right to continue the eviction process.
What should a tenant do if they receive a non-acceptance of rent payment letter?
Tenants should carefully review the letter, understand its implications, and seek legal advice if they are unsure of their rights or obligations.
Does this letter guarantee the landlord will win the eviction case?
No, this letter only preserves the landlord’s right to continue legal proceedings. The outcome of the eviction case depends on the specific facts, applicable laws, and the court’s decision.
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