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Idaho Letter from Landlord to Tenant as Notice of Default on Commercial Lease

State:
Idaho
Control #:
ID-824LT
Format:
Word; 
Rich Text
Instant download

Description

This is a notice between a Tenant and Landlord. It is a Notice of Default to Tenant, listing specific breaches and deadline for cure of breaches. If tenant refuses to cure the breach then landlord may execute his/her rights under applicable law, including the right to evict tenant.


In landlord-tenant law, default refers to the failure of a tenant to timely pay rent due. In anticipation of such an occurence, landlords commonly require a new tenant to pay a security deposit, which may be used to remedy defaults in payment of rent and other monetary obligations under the rental agreement. In general, the landlord is required to give the tenant notice of the default before bringing eviction proceedings or applying security deposit proceeds to the payment in default. The fixing of a definite default date for payment of rent can be critical if it becomes necessary to evict a tenant for a default in the payment of rent. Landlords often require a background and/or reference check on prospective tenants in an attempt to minimize defaults in rent payments.

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FAQ

This notice will inform the tenant that the tenant has three days to either pay rent or move out of the rental unit. If the tenant does not comply with the notice within three days, then the landlord can go to court and file an eviction lawsuit (unlawful detainer suit) against the tenant.

Paying the remainder of the rent still owed on the lease in full; Paying a specified amount of liquidated damages as outlined in the contract terms; Paying an additional amount of punitive damages, dependent on local state laws; and/or.

For example, the lease may provide that in case of default, the landlord can recover late fees and interest. If the lease is a net lease, it may provide for the landlord to recover such things as property taxes, insurance, utilities, maintenance and repairs.

A landlord cannot evict a tenant without an adequately obtained eviction notice and sufficient time. A landlord cannot retaliate against a tenant for a complaint. A landlord cannot forego completing necessary repairs or force a tenant to do their own repairs.A landlord cannot remove a tenant's personal belongings.

Allow the landlord to enter the rental unit without providing proper notice as provided by law or the lease agreement; require the tenant's security deposit to cover damages not caused by the tenant or the tenant's guests;allow the landlord to seize a tenant's personal property if the tenant fails to pay rent.

The Idaho law enacted in 1977 clearly specifies the rights of landlords and tenants. Some of the tenant rights include: Right to remain on the property until they're properly evicted by a court order. Right to have repairs made within a reasonable amount of time after a request is made.

A lease is automatically void when it is against the law, such as a lease for an illegal purpose. In other circumstances, like fraud or duress, a lease can be declared void at the request of one party but not the other.

One option for getting out of your commercial lease early is to approach your landlord and request to surrender the lease. A surrender of lease is when both you and the landlord agree to end the lease.However, if the landlord agrees to surrender your lease, you will often have to pay their legal costs.

A break-early fee is a lump sum payment. The amount of the break-early fee will vary greatly depending upon the commercial tenant's specific circumstances. In exchange for the break-early fee, the landlord will agree to release the commercial tenant from all of its obligations under the commercial lease.

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Idaho Letter from Landlord to Tenant as Notice of Default on Commercial Lease