The demand notice is a letter which is served when one party begins demanding specific actions or support from another who is liable to meet the same. The writing of demand notices generally focuses on the assertions being made is their right or privilege. It also clarifies that the party issuing the notice is willing to exhaust all remedies which may be necessary to achieve their objectives.
A demand notice must also contain some essential elements because it is a legal document. The notice will not be considered valid, enforceable or legal if care is not exercised to ensure its legality. The format of the notice must be similar to legal notices of different types which may be in the form of a demand for rent, services, Etc.
People who are looking forward to writing demand notices are advised to follow the tips mentioned in this article after considering a template which is best suited to their requirements. However it is essential for everyone to use the tips as a helpful tool when writing their demand notice.
What are the tips suggested for writing a demand notice?
- A demand notice must contain the basic information of one or more parties who may be involved in the transaction.
- The demand notice must provide clear information about the actions to be taken or payment to be made by the debtor. If it is a letter for an outstanding payment, the monies due must be specified after including interest. If it is a demand for action, the letter must also provide information about how the liable party must act to resolve the issue.
- The letter must be explicit and cite legal provisions or causes and also mentioned the same in the letter.
- The consequences of non-performance or neglecting to make payment must also be mentioned in the demand letter.
- The liable party must be provided reasonable time on or before which he/she should act on the demand letter. The time provided must be mentioned to ensure it is clearly understood.
Regardless of whether the party sends a demand notice or not he/she also has the option of contacting a lawyer or approaching an appropriate forum where his concerns can be discussed, and advice sought to achieve their demands they are legally entitled to.
Example of Demand Notice 1
Notice of Default In Payment Of Rent
Warning Issued Before The Demand To Make a Payment Or Terminate Non-residential Lease
From: [Landlord’s Name, Address And Telephone Number]
To The Tenant: [Name and Address Of the Tenants Along with Telephone Number]
[Address of The Leased Premises]
Subject: Demand for Outstanding Rent
This notice is being issued to you for the rental payments which are due on the leased premises.
My records indicate that you have not made the rental payments for the month of [month]. This warning is to provide you with an intimation in writing about your failure to make vendor payments and the consequences you can face if no improvements are seen in making the payments as agreed before.
The lease agreement clearly states that the monthly rent is due on the [__] day of every month. The payment terms are considered as untimely if the rent for the month is not paid by the specified date.
The landlord of the property is at liberty to provide you with a Notice to Pay or Lease Termination if you continue to make untimely payments of the rent. The overdue amount must be paid within the next seven days.
The amount currently over due is [amount].
You have also been levied late charges of [amount].
Therefore the total outstanding is [amount].
Please pay the overdue amount to me without any delays. If you continue to make rental payments in an untimely manner, I will have no option but to provide you with a formal notice to pay or terminate the lease.
Signed by [name] on this the [__] day of [month], [year].
Signature: [landlord, property manager or authorized agent].
Example of Demand Notice 2
From: The Office of Commercial Taxes,
[Address And Telephone Number Of the Concerned Department],
To: [Name of the Dealer, Address, Telephone Number And Email Address]
Subject: Demand for Payment of Assessed Taxes
Please take note that you have been assessed to taxes and a penalty which has been imposed on you along with interest and the total amount outstanding by you is [amount] [amount in words] with regards to the tax assessment for the period [__].
You have claimed that payments of [amount] have already been deposited and even provided receipts which have not been verified until this date. However, the total outstanding will be adjusted on verification of your receipts.
You are advised to make a payment of the outstanding amount of [amount] to the treasury or the bank which is authorized to receive payments on behalf of the state by the [__] day of [month] [year] within 30 days from the date of this letter.
Please note that if the amount being demanded is not remitted within the specified time, it shall be considered as a failure to make payments. You will after that be exposed to all modes of recovery provided by the government as well as be liable for prosecution under the provisions specified.
[signature of the authorized signatory],
[name of the signatory, address, and telephone number of the concerned department]
Demand notices can also be sent to individuals that have dishonored checks or other payments which are overdue. The objective of the demand notice is to remind the parties liable for the payments to fulfill their promises. There is also a need to inform the liable parties of actions that will be initiated if a payment is not made within the specified date. People who are unaware of the legalities of sending a demand notice are advised to contact a person specializing in this field.