Define Notice to Perform?

A sample notice to perform is a document commonly sent by a service provider (e.g. lenders, landlords, home sellers, realtors, etc.) to his/her client when the client fails to act upon the agreed terms and conditions of the signed contract, especially after the set deadline.

For example, if a tenant does something to the property which violates the agreed upon terms and conditions, the landlord may send him/her a notice to perform, before the notice to vacate. This of course, varies depending on the weight of the violation or the landlord’s discretion. However, in some cases, a service provider (e.g. seller) may also receive a notice to perform when he/she also violates a lease condition or term.

Importance of a Notice to Perform

Not all states use a notice to perform in business dealings. However, for those who do, a notice to perform is an essential tool that helps them communicate with their client (or vice versa).

A notice to perform gives one party a chance to hear the other party’s side as to what caused the violation of conditions on the lease commercial agreement, and the course of action he/she is taking in order to make up for such issue. This is one way of respecting the each other’s rights, and of course to keep your relationship as a service provider and a client in good terms.

This is because a notice to perform gives the buyer or the seller a certain amount of time in which he/she may be able to perform the necessary course of action set by the home seller. If not, the other party will take necessary steps to take control of the situation.

Guidelines for Writing a Notice to Perform

Before using a notice to perform, one needs to understand how it is used, and how it works, before anything else. Contents, requirements, or laws of a notice to perform vary from one area to another, so it would be best to consult the area you belong. Still, if one does not perform his/her end of the bargain, the other party is allowed to take action notice. Here are some guidelines for writing a notice to perform.

• Have a specific purpose for writing. If you know the purpose of writing, you can include this in your notice in word.
• Carefully consider the points to write in the notice. You may create a draft of the notice before writing the actual notice letter to be sent.
• Go direct to the point. Directly specify the purpose for writing and of course identify the violation done.
• Stick to the point. Do not include unrelated subjects or matters in your notice.
• Write clearly. Writing clearly will allow your recipient to easily understand what your notice means, and of course understand that he/she must take action to rectify the situation.
• Include attachments. You can attach a few supporting papers (e.g. a copy of the lease agreement) which would back your claims.
• Proofread your notice. Do not send a draft. You can also have someone else review your work notice for you.