Things you need to know about Demand Letter to Evict Tenant.
1. What is a demand letter?
A demand letter is a formal demand on your tenant to (a) pay all due and unpaid rent arising from the lease; and (b) vacate the leased property. The letter gives the tenant a period of time to voluntarily comply with the demand. The letter also states that if the tenant fails to comply within the given period, the landlord is prepared to pursue appropriate legal remedies (i.e. file a complaint in court).
There are no special legal requirements to send a demand letter but it’s best to use a mode of service where you can trace whether it was received or not (i.e. via courier). Further, it’s advisable for you to save copies of the letter for yourself in case legal action is pursued later on.
2. When do you need a demand letter?
The demand letter should be used if you want (a) your tenant to pay the rent; and b) to recover possession of the leased property from the tenant. Generally, it is unnecessary to send a demand letter before beginning judicial proceedings to recover possession of the leased property. However, sending a demand letter is usually the first step in attempting to remove a tenant from the leased property. Please note that you may never forcibly evict a tenant from the leased property without going through the formal eviction process.
A demand letter is useful in the following instances:
- Your tenant has failed to pay rent.
- Your tenant has violated any provision of the lease agreement.
- The lease agreement has expired but the tenant has remained on the property.
While a lawyer is not required to sign and send the demand letter, a lawyer’s services will be necessary if the tenant fails to comply with the demand letter and the landlord is forced to take legal action. In such cases, the landlord should seek a lawyer’s advice on the next appropriate legal action to take.
3. How can a demand letter protect you?
A demand letter is an easy and cheap way of demanding the tenant to (a) pay all due and unpaid rent arising from the lease; and (b) vacate the leased property. Sometimes a letter is all that’s required to resolve the dispute and prevent it from becoming a full-blown court case, which can be both costly and lengthy for everyone involved.
Further, if a case is eventually filed in court, a demand letter shows that you exerted earnest efforts to amicably settle the matter. You gave the tenant an opportunity to voluntarily comply with your demands.
4. What information do you need to create the demand letter?
To create your demand letter, you’ll need the following minimum information:
- The name of the landlord and details (i.e. address, contact details)
- The name of the tenant and details (i.e. address)
- A brief description of the leased property
- The date when the lease agreement over the leased property was executed
- The terms of payment of rent under the lease agreement (i.e. how often the rent should be paid, amount due for each rental payment)
- The total amount of unpaid rent, including any penalties, due
- The period given to the tenant to voluntarily comply with the demand letter before taking legal action
5. How much is the document?
The document costs PhP 350 for a one-time purchase.
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