If you use Microsoft Word, you can download free letterhead templates on Microsoft’s website. [2] X Research source
Certified mail. This is a service of the United States Postal Service (USPS). Certified mail requires the signature of the party accepting the mail. It provides the sender with a return receipt showing the date of delivery. This proof of delivery makes it the best method for sending a breach of contract letter. It is a commonly accepted way of mailing legal documents and providing proof of delivery. [5] X Research source Get the return receipt card from the post office and enter your address and the recipient’s name and address. The postal clerk will affix it to the envelope. Hand delivery. This is a good method if the recipient of a letter lives or works near you. This method works well for breach of contract letters because you know for certain that your letter was in fact delivered. It does not, however, allow for documentation of delivery. E-mail. You may choose to deliver your breach of contract letter as an attachment to an e-mail. This is appropriate if you have corresponded with them via email in the past. When delivering any legal letter or document via e-mail, request a delivery receipt. Each email service will have a different process for this. Check the instructions that came with your software or use the help function to learn how. Because some companies do not allow attachments to be opened, you may want to paste a copy of the letter in the body of the e-mail. Facsimile, or fax. Sending a letter by fax is appropriate when the recipient uses a fax for business purposes. For example you could send a fax to an attorney or real estate agent. Send the fax to his or her business fax number.
If you are not sure whether the breaching party has an attorney, you may address the letter to him or her directly. In the case of a company, address your letter to the owner of the company. The address block should contain the addressee’s full name and mailing address. Place it at the top left of the page, just under the delivery method specification. [6] X Research source
You can align the date to the left, the center, or the right, whichever you prefer. It should be one or two lines below the address block.
You may want to say, for example, “I am writing to you today because I believe that you are in breach of our contract dated May 5, 2006. ”
Identify the part of the contract or agreement that describes what the other party should have done. If you have a written contract, you may want to quote parts of the agreement that specify the other party’s obligations. [10] X Research source For example, “page 2, paragraph 3 of our agreement states that you will provide all reasonable and necessary clean-up at the end of each day worked. ” Make a clear statement of what the party did or failed to do. Include specific dates if possible. Do not make any judgments, and avoid inflammatory language. Just describe the party’s action in plain language. [11] X Research source For example, do not say “you blatantly refused to pay me what you owe me. ” You should say, “Your monthly rent payment of $400 was due on March 1st. It is now March 10th, and I have not received payment. ”
For example, if a late payment incurs interest at the rate of 8% and a one-time late charge of $35, you should describe this remedy. Again, include the page and paragraph of the contract that contains this information.
Be specific, but not threatening in your tone. Make sure to indicate a date by which the offending party should provide a remedy . Generally, the amount of time given to a breaching party to cure the breach is 30 days from the date of the letter. [14] X Research source A breach which is not cured usually results in a lawsuit. It may be a violation of state and/or federal laws to threaten a lawsuit which you do not have the right or intent to file. A court may consider this extortion. Choose your words for this paragraph carefully. [15] X Research source For example, do not say “I will file a lawsuit” or “I will sue you. ” Instead say, “I will be forced to take appropriate legal action. ”
Common closings for business letters include “Sincerely,” “Thank You in Advance,” and “Yours Truly. "
If you referred to specific parts of your contract, attach a copy of the contract. State that the letter contains an enclosure. If there are several enclosures, list them individually. [16] X Research source Indicate an enclosure by the word “Enclosure” aligned to the left, two or three lines below your signature.
Certified mail: Check the USPS website for delivery confirmation. [17] X Research source Begin checking two or three days after mailing a breach of contract letter via certified mail. Once you receive confirmation of delivery, print it, and staple it to your copy of the letter. When you receive the green “return receipt” card, staple that to the letter as well. Hand delivery: After hand delivering your breach of contract letter, make a written notation, in blue ink, on the top right hand corner of your copy. The notation should say something like “hand delivered to (the name and address of the location where you delivered the letter, and the date). " For example: “Hand delivered to Mr. Doe’s office at 515 East Main St on April 13, 2015. " Include your initials beside this notation. E-mail: Once you receive confirmation of e-mail delivery, print and staple it to your copy of the letter. Facsimile or fax: If your fax machine prints a delivery confirmation page, staple it your copy of the letter. If your fax machine does not print a delivery confirmation page, make a written notation in blue ink on the top right hand corner. The notation should say something like, “faxed to (the name and fax number of the recipient, and the date). " For example “faxed to Mr. Doe at 313-555-1212 on April 13, 2015. " Include your initials beside this notation.
As your stated deadline for curing the breach approaches, you may wish to send another copy of the letter. [18] X Research source If the other party does what they were supposed to do or fixed the problem, this is called curing the breach. [19] X Research source In this case, you will want to file the letter and any other documentation about the breach and cure. It will be important to have if another breach occurs. Send the party a letter stating that the breach has been cured and thank them taking care of the problem. If the other party does not respond by fixing the problem, you may want to contact an attorney to discuss your options. [20] X Research source You may also want to consider filing a case in small claims court.
