The Past Rent Due Notice is a crucial document in German property management and real estate operations, used when tenants have failed to pay their rent on time. This document must comply with specific requirements under the German Civil Code (BGB), particularly §286 regarding default notices. It serves as a formal demand for payment and is typically sent after the rent payment deadline has passed, but before initiating legal proceedings. The notice must include precise details about the outstanding amount, clear payment instructions, and specific deadlines. It also serves as important documentation if further legal action becomes necessary. Under German law, sending a proper Past Rent Due Notice is often a prerequisite for taking additional enforcement steps or initiating eviction proceedings.
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1. Sender Details: Full name and address of the landlord/property management company
2. Recipient Details: Full name and address of the tenant
3. Date: Current date of the notice
4. Subject Line: Clear indication that this is a Past Rent Due Notice (Mahnung zur Zahlung rückständiger Miete)
5. Rental Property Information: Address and specific details of the rental property
6. Outstanding Amount Statement: Detailed breakdown of outstanding rent, including specific months and amounts
7. Payment Deadline: Clear statement of the deadline by which payment must be made (typically 14 days under German law)
8. Payment Instructions: Bank account details and payment reference information
9. Legal Consequences: Statement of potential legal actions if payment is not received by the deadline
10. Signature: Landlord's or authorized representative's signature
1. Previous Communications Reference: Reference to any previous reminders or communications regarding the outstanding rent - include if prior notices have been sent
2. Payment History: Overview of recent payment history and pattern of delays - include if there's a recurring issue
3. Interest Calculation: Calculation of default interest on overdue amounts - include if charging interest under BGB § 288
4. Payment Plan Option: Proposed payment plan or invitation to discuss payment arrangements - include if willing to accept installment payments
5. Power of Attorney Reference: Reference to legal representation authority - include if notice is being sent by a property manager or lawyer
1. Statement of Account: Detailed breakdown of all rent payments and outstanding amounts, including dates and specific charges
2. Payment History Log: Documentation of previous payments and missed payments, if relevant
3. Copy of Lease Agreement Excerpt: Relevant sections of the lease agreement regarding rent payment terms
4. Previous Notices: Copies of any previous reminders or notices sent regarding the rent arrears
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