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Commercial Eviction Notice

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Commercial Eviction Notice Powered By Docstoc
					This attorney drafted letter provides formal notice to a commercial tenant from the
landlord of the tenant’s eviction. It contains standard eviction language for the standard
non-payment of rent, as well as alternative language for other breaches of the written
rental agreement. Ideal for customization, this document allows the user to state the
name of the parties, property address, and reason for eviction. This document is ideal
for a landlord who wants to evict their commercial tenant for non-payment of rent or for
breach of the written lease agreement.
       NOTICE TO VACATE FOR NON-PAYMENT OF RENT

                         _____ [Instruction: Insert Landlord’s Name.]
                        _____ [Instruction: Insert Landlord’s Address.]
                   _____ [Instruction: Insert Landlord’s Telephone Number.]




_____ [Instruction: Insert letter date.]


VIA REGISTERED/CERTIFIED MAIL [Instruction: Ensure this method of service is
proper pursuant to applicable state law and/or the term of the written lease, otherwise
revise this to reflect proper method of service.]

_____ [Instruction and Comment: Insert Tenant’s Name.]
_____ [Instruction: Insert Tenant’s Address.]

        Re:    Notice to Vacate for Non-Payment of Rent [Optional: If this is notice to
        vacate for breach other than non-payment of rent, state “Notice to Vacate for
        Breach of Lease Terms”.]

Dear ___________________: [Instruction and Comment: Insert Tenant’s Name.]

This letter is being delivered to you by registered/certified mail [Comment: Choose applicable
method of service of process.] to provide you with formal notice to vacate the rental premises
located at ______________________ [Instruction and Comment: Insert rental property
address. If only a portion of the property is being rented, include a description of the
portion.] for non-payment of rent. The current rent, including any applicable additional rent
[Optional: If this is a net lease, and other amounts were also due pursuant to the terms of
the written lease agreement, also state here.] which is past due and outstanding is in the
amount of _________________ ($______) [Instruction and Comment: Insert amount owed.]
United States Dollars.

In the event you wish to continue to rent the premises located at _____________, [Instruction
and Comment: Insert rental property address, including suite number if any. If only a
portion of the property is being rented, include a description of the portion.] you must
deliver the full amount of the rent and other amounts due which are past due and outstanding to
the Landlord at ___________________ [Instruction: Insert address at which rent payments
may be delivered.] between the hours of _____ [Instruction: Insert acceptable payment
hours, including days of the week on which payment will be accepted.] within ______
(___)[Instruction and Comment: Insert number of days Tenant has to pay rent owed.
Please note, many states require at least 3 days. Landlord should consult applicable state
law to ensure the appropriate number of days is conformed to, and also whether or not, if

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more than the appropriate number of days is given, and rent is not received, if Landlord
must then make a future additional notice to begin lease termination and eviction
proceedings. Also, be sure to review the terms of the lease default provisions regarding
cure of default in non-payment of rent situations, and conform as necessasry.] days of
receipt of this notice. [Comment: If payment of rent will only be accepted in certain forms,
for example, cash, insert a sentence stating same.]

In the event the full amount of the rent due and outstanding is not received by the Landlord in the
time frame indicated above, you will be required to vacate the rental premises within ______
(____)[Instruction: Insert number of days to vacate, ensure same conforms to the standard
set forth in the written lease agreement.] days of the date in which the past due rent is to be
paid, free and clear of all of your furnishings and trade fixtures, as set forth in the written lease
agreement. Should the rent due and outstanding not be received by the Landlord, the Landlord
shall commence all necessary legal proceedings as may be necessary or required to effect the
foregoing and the Landlord shall recover any and all costs associated therewith. Further,
Landlord expressly reserves all rights set forth in any rental agreement, whether oral or written,
to seek recovery of any and all amounts due including but not limited to any late fees,
insufficient funds fees, additional rent, rent which would become due during the remainder of the
term, and legal fees and disbursements.

Alternative Language if eviction for other than non-payment of rent [Instruction and Comment:
Delete all inapplicable portions above regarding non-payment of rent and insert the below. Please
note, paragraph 3 above may be revised to reflect the applicable information, but may be
retained.]:

This letter is being delivered to you by registered/certified mail [Comment: Choose applicable
method of service of process.] to provide you with formal notice to vacate the rental premises
located at ______________________ [Instruction and Comment: Insert rental property
address. If only a portion of the property is being rented, include a description of the
portion.] for failure to comply with the terms of the written lease agreement entered into as of
____, [Instruction: Insert lease date.] by and between ____, [Instruction: Insert Tenant’s
name.] as Tenant and ____, [Instruction: Insert Landlord’s name.] as Landlord. Specifically,
you are in breach of the following: _____ [Instruction: Insert applicable lease provision by
number and written description of breach. Ensure the eviction reason is an evictable
offense in the lease in the event of a breach.]

In the event you wish to continue to rent the premises located at _____________, [Instruction
and Comment: Insert rental property address, including suite number if any. If only a
portion of the property is being rented, include a description of the portion.] you must cure
the breach noted above in the following manner: _____ [Instruction: Insert manner of cure.
Landlord should ensure this is the manner set forth in the lease.] within ____ [Instruction:
Insert number of days to cure, ensure this is the number set forth in the lease.] days.

Sincerely,


(LANDLORD)

© Copyright 2012 Docstoc Inc.                                                            3
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Description: This attorney drafted letter provides formal notice to a commercial tenant from the landlord of the tenant’s eviction. It contains standard eviction language for the standard non-payment of rent, as well as alternative language for other breaches of the written rental agreement. Ideal for customization, this document allows the user to state the name of the parties, property address, and reason for eviction. This document is ideal for a landlord who wants to evict their commercial tenant for non-payment of rent or for breach of the written lease agreement.
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