Managing payments and ensuring that you receive payments on time is one of the biggest challenges for companies and freelancers . One of the main examples of collections that can be complicated is property rental payments.
When faced with non-payment, landlords or real estate agencies can send a notice of non-payment of rent . This documentation is valid by law and requires the tenant to fulfill their financial obligations.
We will explain the specifics of charging late rent in the following lines, showing an example of a notification to send and also how to avoid problems with default . Keep reading!
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What is a notice for non-payment of rent?
The notice of non-payment of rent is a vietnam whatsapp number data that proves the pending receipt of debts regarding the rental of a property. It is an important measure for the regularization of outstanding debts, which can be considered an amicable collection practice .
The property owner prepares this document, listing all outstanding financial obligations within a period determined by contract . The purpose of this notification is to find a way to resolve the issue out of court, seeking the best way to pay the amounts due.
In addition to aiming to resolve the issue , it can also become evidence in cases of legal action . The document will show the judge that the landlord tried to resolve the issue in other ways, before taking the case to court.
When do I need to send collection notices to the tenant?
Although notification for non-payment of rent is a widely used practice, it is essential to try other forms of collection installing a content management system reaching this point .
In this sense, it is crucial to try to contact the tenant a few times demanding payment of the amounts due by other means , such as: email, WhatsApp, telephone, SMS, etc.
After all these attempts to contact you are unsuccessful, it is necessary to send the documentation formalizing the pending issue. The notification can by registered letter with return receipt requested or through the Registry of Titles and Documents.
The deadline for this submission process must be included in the contract, so that the tenant is aware that there may be a notification for non-payment of rent. The Tenancy Law discusses this subject in more detail .
What does the Tenancy Act say about notifications for non-payment?
Although there is no established period for be numbers the notice for non-payment of rent, Law No. 8,245/91 provides that the landlord may terminate the contract in the event of non-payment within the stipulated period . This is because, in article 23 of the Law, it is established as an obligation of the tenant:
I – pay the rent and lease charges promptly, whether legally or contractually required, within the stipulated period or, failing that, by the sixth business day of the month following the due date, at the leased property, when another location has not been indicated in the contract;
Furthermore, the Law also suggests that the notification for non-payment of rent be the documentation that precedes the eviction action . Even though it is not mandatory, it supports the landlord, proving several attempts to contact him to regularize the amounts.
However, the notification gives the opportunity to regularize. The pending issues before legal action is and the tenant is to vacate the property.
When is it possible to file an eviction action?
Although there is no stipulated deadline in law — one day of delay is already a breach of contractual payment obligations — it is common to wait 30 to 60 days . This is because, during this period, several extrajudicial collection attempts.
Or even a negotiation to regularize the amounts owed between the parties. However , it will depend on the landlord’s desire to file the eviction process. The eviction action is provided for in article 5 of the Tenancy Law.
“Whatever the basis for terminating the lease, the landlord’s action to recover the property is eviction.”
How to notify a defaulting tenant?
Notification for non-payment of rent is the best way to collect the amounts owed before taking legal action , especially after several unsuccessful attempts to contact you.
For the notification to be valid, it is necessary to follow market practices in order to ensure the validity of the document in the event of legal proceedings . To this end, there are several models that contain all the information necessary to charge the defaulting tenant.