43.1406 Demand for possession or payment-Form-Contents.

Cite as [A.S.C.A. § 43.1406]

A demand for possession or payment must be in writing, addressed to the person in possession, and must include the address or a brief description of the premises. The reasons for the demand and the time to take remedial action must be clearly stated. Whenever nonpayment of rent or other sums due under the lease is claimed, the amount due at the time of the demand must be stated. The demand must be dated and signed by the person entitled to possession, or by his attorney or agent.

History: 1984, PL 18-27 § 1, 1986, PL 19-41 § 1.

Case Notes:

The rules pertaining to a demand letter for possession or payment of rent, like those dealing with service of process or the exhaustion of some types of administrative remedies, seem designed not to allocate decision-making power among tribunals or to ensure the existence of a case or controversy, but to protect a particular party; presumably, these rules may be waived by that party. A.S.C.A. § 43.1406. Diocese of Samoa Pago Pago v. KMST, Inc., 15 A.S.R.2d 20 (1990).