57-26-110 - Notification to tenant -- Form.
57-26-110. Notification to tenant -- Form.
No particular phrasing is required for the notification specified in Section 57-26-109. However, the following form of notification, when properly completed, is sufficient to satisfy therequirements of Section 57-26-109:
Tenant: _______________________________________________________________
Name of Tenant
Property Occupied by Tenant (the "Premises"): ________________________________
Address
Landlord: ____________________________________________________________
Name of landlord
Assignee: ____________________________________________________________
Name of assignee
Address of Assignee and Telephone Number of Contact Person:
_____________________________________________________________________
Address of assignee
_____________________________________________________________________
Telephone number of person to contact
1. The Assignee named above has become the person entitled to collect your rents on thePremises listed above under ________________________________________________
Name of document
(the "Assignment of Rents") dated __________, and recorded at _______________________
Date Recording data
in the ______________________________________________________________________.
Appropriate governmental office under the recording act of this state
You may obtain additional information about the Assignment of Rents and the Assignee's right toenforce it at the address listed above.
2. The Landlord is in default under the Assignment of Rents. Under the Assignment ofRents, the Assignee is entitled to collect rents from the Premises.
3. This notification affects your rights and obligations under the agreement under whichyou occupy the Premises (your "Agreement"). In order to provide you with an opportunity toconsult with a lawyer, if your next scheduled rental payment is due within 30 days after youreceive this notification, neither the Assignee nor the Landlord can hold you in default underyour Agreement for nonpayment of that rental payment until 10 days after the due date of thatpayment or 30 days following the date you receive this notification, whichever occurs first. Youmay consult a lawyer at your expense concerning your rights and obligations under yourAgreement and the effect of this notification.
4. You must pay to the Assignee at the address listed above all rents under yourAgreement which are due and payable on the date you receive this notification and all rentsaccruing under your Agreement after you receive this notification. If you pay rents to theAssignee after receiving this notification, the payment will satisfy your rental obligation to theextent of that payment.
5. Unless you occupy the Premises as your primary residence, if you pay any rents to theLandlord after receiving this notification, your payment to the Landlord will not discharge yourrental obligation, and the Assignee may hold you liable for that rental obligation notwithstanding
your payment to the Landlord.
6. If you have previously received a notification from another person that also holds anassignment of the rents due under your Agreement, you should continue paying your rents to theperson that sent that notification until that person cancels that notification. Once that notificationis canceled, you must begin paying rents to the Assignee in accordance with this notification.
7. Your obligation to pay rents to the Assignee will continue until you receive either:
(a) a written order from a court directing you to pay the rent in a manner specified in thatorder; or
(b) written instructions from the Assignee canceling this notification.
_________________________________________
Name of assignee
_________________________________________
By: Officer/authorized agent of assignee
Enacted by Chapter 139, 2009 General Session