There will come a time when a current tenant may fall seriously behind or owe you for something due under the lease, such as an accumulated water bill, a bounced security deposit check or some damages they did to the premises. A promissory note is simply an agreement when one party agrees to pay another party a particular past due sum or currently due sum on a particular date or dates.
Some recommend that a promissory note should be used only with a past or departing tenant owes you money and desires to pay you on a certain date or dates according to the payment arrangement spelled out on the promissory note. These people also recommend never using such an arrangement with a current tenant. The tenant may vacate owing you past due rent, late charges, unpaid utility bills or anything owed under the terms of the lease This Note will memorialize the debt in writing and can be used later if the past tenant defaults, and you wish to pursue the debt.
These same people recommend that a promissory note should not be used with a current tenant who owes you money. They point out that unless the promissory note clearly states that the amount is rent due under the terms of the lease, the landlord may have unwittingly converted past due rent into simply a monetary obligation for which he will not be able to evict the tenant using a Statutory Notice Period. Also suppose the tenant fails to make a payment, what is owed: the full balance all at once; or only that missed payment? This matter may be clarified by an acceleration clause in both the lease and the Note.
A Contra Costa California Promissory Note for Past Due Rent is a legally binding agreement made between a landlord and a tenant in Contra Costa County, California, when the tenant has fallen behind on their rent payments. This promissory note serves as a written promise from the tenant to repay the outstanding rent amount in a structured manner, typically through installments. The main purpose of this promissory note is to establish a clear repayment plan and avoid legal actions or eviction procedures against the tenant by the landlord. By signing this agreement, the tenant acknowledges their unpaid rent and agrees to repay the landlord according to the stated terms and conditions. The document will typically include important details such as the names and addresses of both parties, the amount of past due rent, the agreed-upon repayment schedule, including the amount to be paid in each installment, and the due dates of the payments. Additionally, the note may also include any late fees or interest that may be applied if the tenant fails to comply with the repayment terms. It is important to note that depending on the specific circumstances, there might be different types of Contra Costa California Promissory Notes for Past Due Rent. These types can vary based on factors such as the length of the repayment period or the inclusion of interest charges. Some possible types include: 1. Fixed Installment Promissory Note: This type establishes a fixed payment amount that must be paid regularly until the entire past due rent is repaid. The payment amount remains consistent throughout the repayment period. 2. Graduated Installment Promissory Note: This type allows for an increasing payment amount over time. The installment payments start lower and gradually increase, typically reflecting the gradual increase in a tenant's ability to pay. 3. Lump Sum Promissory Note: In certain cases, the landlord and tenant may agree to a one-time payment of the entire past due rent, which can be documented in a lump sum promissory note. Regardless of the specific type, it is crucial for both parties to thoroughly read and understand the terms outlined in the promissory note. It is also recommended for the document to be executed in the presence of a notary public to ensure its legality and enforceability in case of any disputes.A Contra Costa California Promissory Note for Past Due Rent is a legally binding agreement made between a landlord and a tenant in Contra Costa County, California, when the tenant has fallen behind on their rent payments. This promissory note serves as a written promise from the tenant to repay the outstanding rent amount in a structured manner, typically through installments. The main purpose of this promissory note is to establish a clear repayment plan and avoid legal actions or eviction procedures against the tenant by the landlord. By signing this agreement, the tenant acknowledges their unpaid rent and agrees to repay the landlord according to the stated terms and conditions. The document will typically include important details such as the names and addresses of both parties, the amount of past due rent, the agreed-upon repayment schedule, including the amount to be paid in each installment, and the due dates of the payments. Additionally, the note may also include any late fees or interest that may be applied if the tenant fails to comply with the repayment terms. It is important to note that depending on the specific circumstances, there might be different types of Contra Costa California Promissory Notes for Past Due Rent. These types can vary based on factors such as the length of the repayment period or the inclusion of interest charges. Some possible types include: 1. Fixed Installment Promissory Note: This type establishes a fixed payment amount that must be paid regularly until the entire past due rent is repaid. The payment amount remains consistent throughout the repayment period. 2. Graduated Installment Promissory Note: This type allows for an increasing payment amount over time. The installment payments start lower and gradually increase, typically reflecting the gradual increase in a tenant's ability to pay. 3. Lump Sum Promissory Note: In certain cases, the landlord and tenant may agree to a one-time payment of the entire past due rent, which can be documented in a lump sum promissory note. Regardless of the specific type, it is crucial for both parties to thoroughly read and understand the terms outlined in the promissory note. It is also recommended for the document to be executed in the presence of a notary public to ensure its legality and enforceability in case of any disputes.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
