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 San Jose California Promissory Note for Past Due Rent is a legally binding document that outlines an agreement between a landlord and a tenant who has fallen behind on rental payments. This note serves as a written promise from the tenant to repay the arrears in a specified timeframe, typically in installments, to avoid legal action or eviction. The Promissory Note for Past Due Rent is an essential tool for both landlords and tenants in San Jose, California, providing a structured repayment plan while protecting the rights and interests of both parties. It clearly defines the terms and conditions of repayment, ensuring clarity and mutual understanding. Some important keywords related to San Jose California Promissory Note for Past Due Rent are: 1. San Jose, California: Signifying the geographical location, this keyword highlights that the Promissory Note is specific to the city of San Jose, California. 2. Promissory Note: The legally binding document that outlines the agreement between the landlord and tenant. 3. Past Due Rent: Refers to the rental payments that are overdue or in arrears. 4. Rental Agreement: The initial contract signed between the tenant and landlord, which establishes the terms and conditions of the tenancy. 5. Installments: The periodic payments agreed upon by the tenant and landlord to repay the overdue rent in smaller, more manageable amounts. 6. Legal Action: Refers to the steps a landlord may take to recover the past-due rent, such as filing a lawsuit or initiating eviction proceedings. 7. Eviction: The legal process through which a landlord can remove a tenant from the rental property due to unpaid rent or other breaches of the rental agreement. 8. Repayment Plan: The structured agreement that outlines how the overdue rent will be repaid, including the frequency and amount of installments. 9. Terms and Conditions: The specific rules and regulations that both parties must adhere to throughout the repayment process. 10. Rights and Interests: The legal entitlements and concerns of both the landlord and tenant, protecting them from potential disputes or future complications. Different types of San Jose California Promissory Note for Past Due Rent may include variations based on specific clauses or provisions relevant to individual circumstances. For example, a Promissory Note for Past Due Rent may differ in terms of the repayment period, interest rates, or penalty fees imposed for late payments. It is crucial for both parties to carefully review any document before signing to ensure that it accurately reflects their agreed-upon terms and protects their rights.A San Jose California Promissory Note for Past Due Rent is a legally binding document that outlines an agreement between a landlord and a tenant who has fallen behind on rental payments. This note serves as a written promise from the tenant to repay the arrears in a specified timeframe, typically in installments, to avoid legal action or eviction. The Promissory Note for Past Due Rent is an essential tool for both landlords and tenants in San Jose, California, providing a structured repayment plan while protecting the rights and interests of both parties. It clearly defines the terms and conditions of repayment, ensuring clarity and mutual understanding. Some important keywords related to San Jose California Promissory Note for Past Due Rent are: 1. San Jose, California: Signifying the geographical location, this keyword highlights that the Promissory Note is specific to the city of San Jose, California. 2. Promissory Note: The legally binding document that outlines the agreement between the landlord and tenant. 3. Past Due Rent: Refers to the rental payments that are overdue or in arrears. 4. Rental Agreement: The initial contract signed between the tenant and landlord, which establishes the terms and conditions of the tenancy. 5. Installments: The periodic payments agreed upon by the tenant and landlord to repay the overdue rent in smaller, more manageable amounts. 6. Legal Action: Refers to the steps a landlord may take to recover the past-due rent, such as filing a lawsuit or initiating eviction proceedings. 7. Eviction: The legal process through which a landlord can remove a tenant from the rental property due to unpaid rent or other breaches of the rental agreement. 8. Repayment Plan: The structured agreement that outlines how the overdue rent will be repaid, including the frequency and amount of installments. 9. Terms and Conditions: The specific rules and regulations that both parties must adhere to throughout the repayment process. 10. Rights and Interests: The legal entitlements and concerns of both the landlord and tenant, protecting them from potential disputes or future complications. Different types of San Jose California Promissory Note for Past Due Rent may include variations based on specific clauses or provisions relevant to individual circumstances. For example, a Promissory Note for Past Due Rent may differ in terms of the repayment period, interest rates, or penalty fees imposed for late payments. It is crucial for both parties to carefully review any document before signing to ensure that it accurately reflects their agreed-upon terms and protects their rights.
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.
