Reservation of Rights letter : ezLandlordForms

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Reservation of Rights letter

Patricia B

started a topic almost 14 years ago

In Delaware when tenants pay late you have to give a 5 day letter to begin the eviction process, then if they pay the delinquent rent within the 5 days you have to get a "Reservation of Rights" letter signed by the tenant or you can't continue the eviction process. I have 2 questions, what if they refuse to sign? what specifically must be in this letter?

1 Comment

Denise S

said almost 14 years ago

In many states accepting rent may void the eviction proceedings but serving your tenant with a notice such as: Landlord reserves the right to accept such check or payment without prejudice to the Landlord’s right to recover the balance of such rent or pursue and other remedy permitted by law. This can be given to a tenant once you accept the rent. Note on your copy the method of payment, time and date. This way if you cannot get your tenant to sign, you still have a copy and decent proof that you did serve the notice.