Businesses and individuals can both be issued an abandonment notice which is a letter issued by the party who has drawn the agreement.
Abandonment notices can be issued by employers to their employees who resign from their positions but refuse to serve the notice period as determined by the agreement drawn by the employer during the initial stages. Employees of organizations in most cases are the recipients of abandonment notices because they fail to show up for work or even communicate with the management at their employer’s office to provide a reason for the absence. It is also an occasion when the employee stays away from work without requesting time off or using any paid or unpaid leaves due to them.
Large organizations regularly deal with this problem because the employee hired either looks around and secures other job, the employee counters problems within the family and try to pass on the information to their employers by asking another person the task which simply gets forgotten, or the employee hasn’t been through the employee handbook and is unaware about how this matter should be appropriately tackled.
At times individuals may decide to abandon an apartment or premises which they are occupying because of financial difficulties which they are unable to express in person. These people just decide to leave their belongings behind and walk away knowing well that the owner of the property can initiate appropriate action to claim termination of the tenancy and the premises.
Key Features Of An Abandonment Notice:
- The letter to the employee, the tenant should be drafted either by the HR department or the property manager/owner of the property.
- The letter must be in a formal language.
- The reasons for sending out the letter must be clearly mentioned by the sender.
- Reasonable time must be provided to the recipient to respond in an appropriate manner.
- Actions that will be initiated in the absence of any response must also be stated clearly.
- The letter must be sent by registered post or even hand-delivered if possible to the recipient and a signature obtained as a record of delivery.
Drafting an abandonment notice should not be an embarrassment either for employees of the HR department or even property managers or owners because they are just following a policy. They are providing the recipient a reasonable timeline to respond to the letter failing which the senders of the letter have the option of initiating the actions as determined.
Given below are two letters sent to an employee and a tenant who for reasons best known to them have decided to abandon employment and the premises respectively which they had occupied. It must be understood that we are only providing the most common instances of abandonment notices which are issued and therefore individual circumstances must be considered before issuing letters of these types.
Abandonment Notice To an Employee
From: [name of staff from HR department drafting and dispatching the letter].
Subject: Abandonment Notice With Effect from [Date].
[Name of employee: Name of the Employee, Designation, And Date from Which He or She Is Absent.]
It has been brought to my notice that you have not reported for work and neither have you provided any intimation of your intent either to continue working or to resign from this organization from [date]. I believe that the employee handbook issued during your probation clearly states that you are not authorized to avail leave of absence without adequate notice.
We have made reasonable attempts to contact you by email and phone but have failed to make any contact or get a response for the last few days. Under such circumstances, I am left with no options but to follow the policies laid down by the organization and inform you that your employment with this organization will be terminated unless you respond to this letter within the next five business days [date].
I strongly suggest that you revert with appropriate reasons for your absence failing which you alone will be responsible for the consequences. I wish to advise you at this stage that you would not be entitled even to a relieving letter from the organization because you have not provided any reasons for your absence and remained incommunicative. This has the potential to greatly affect your career in the future.
Should you require assistance to overcome any personal issues please be aware that I will be in a position to help you in the best manner possible.
Please respond to this letter before the date specified above.
[name of staff from HR department].
Abandonment Notice To An Occupant Of A Property
[name]: Name of owner, property manager, agent, and address including the address of the property abandoned.
To: [Name of the occupant and the last known residential address or address of workplace.]
Subject: Abandonment Notice Of Property [Address] With Effect from [Date].
I hope to find you in good health with this letter.
I have been trying to contact you over the last few days to discuss outstanding rent and other charges which are due on the property occupied by you. I have utilized all means of communication to contact with you but have failed to do so despite numerous attempts.
You currently owe us three months rent for the property as well as maintenance charges which cumulatively amount to [outstanding amount]. I am disappointed to note that rather than have a discussion on the above you have decided to stay incommunicative and left me with no options but to believe you have abandoned the property. As the tenancy laws do not permit me to enter the property without notifying you I am issuing to you an Abandonment Notice with a request to respond within the next seven business days or [date].
If you do not respond on or before the date specified I will be entering the property in line with the laws to take possession of the same. I believe you have not abandoned the property with your belongings which may still be present in my possession. A list of your belongings will be prepared on the date mentioned above when the property is repossessed. The same will be retained in storage for 30 days after which they will be disposed to recover the outstanding balances due to me. At this stage, I must also inform you that I reserve the right to impose charges for the storage and recover them along with other dues.
The security deposit you had provided before using the property will stand forfeited and any balances left over will be deposited to your account after adjusting for balances due to me.
I sincerely wish that you would respond to this letter within the date mentioned and come to an amicable settlement with me rather than provide an opportunity to initiate proceedings of abandonment.
I look forward to hearing from you soon.
[signature of the property owner, manager, agent],
[name of property owner, manager, agent].