Late Rent Notice

What is a late rent notice?

A late rent notice is a document used by a landlord or property manager when a tenant is late in making a rent payment. By sending this notice, the landlord is able to alert the tenant to the late payment and lets them know that they are in violation of the lease agreement. This document can be used for both a Residential Lease Agreement arrangement, where someone is renting a property in which they reside, or a Commercial Lease Agreement, where someone is renting a property in which to conduct business.

What is the difference between a late rent notice and an eviction notice?

Though both documents are used for lease violations, they are used at different points in the rental process. A late rent notice is usually used for the first time rent is late. It is meant as a warning for this violation.

In contrast, an eviction notice is the last resort after a tenant has continued to violate their lease agreement. It is a step towards legal action to remove the tenant from the property entirely.

Is it mandatory to use a late rent notice?

No, it is not mandatory to use a late rent notice. However, many landlords prefer to use it because it is an effective tool in getting a tenant to pay their rent. It also creates documentation of late payment of rent in case the landlord must eventually take the tenant to court to evict them for non-payment. For more information about this, please refer to the guide What Should You Do if Your Tenant is Not Paying Rent.

What should be done once the late rent notice is written?

Once the late rent notice has been created, the landlord or property manager should send it to the tenant using certified mail. By using certified mail, a record is created that the letter was sent and received by the tenant. This record may be useful in case of future legal action, such as an eviction action.

What must a late rent notice contain?

A valid late rent notice must contain at least the following mandatory sections:

• Rent amount: The late rent notice specifies the amount of rent that must be paid.
• Due date: The late rent notice should include when the rent was originally supposed to be paid.
• Lateness description: The late rent notice notes how many days late the tenant is in paying the rent at the time the notice will be sent.
• Contact information: The late rent notice includes contact information for both the landlord and the tenant.

In addition to the above mandatory sections, the following additional information may be included:

• Late charges: The late rent notice can include a description of any late charges the tenant will be made to pay due to the lateness of the rent.
  
  

Which laws are applicable to late rent notices?

There are no laws outlining specific requirements that a landlord send a late rent notice. A late rent notice is not required by law, but can be a helpful interim action before instigating serious legal action and getting the courts involved. Further, there are generally accepted standards that housing courts believe to be convincing when a landlord seeks to evict a tenant for habitual lateness and non-payment of rent.

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