Introduction
Tenants not paying is a common problem for many landlords. When a tenant does not pay rent, it is imperative that the landlord take action. There are many ways to recover money from tenants who refuse to pay rent, but it is important for the landlord to know what their legal rights are. The first step in recovering unpaid rent from a tenant involves getting them out of the property.
Recovering Unpaid Rent
In order to recover unpaid rent from a tenant, there are two steps landlords can take: eviction or litigation. Eviction involves going through the court system to get an order authorizing physically removing a tenant and their possessions from your property without giving notice before hand. Litigation involves getting a court judgment requiring payment. If a tenant is in breach of the lease agreement, litigation can give the landlord the right to pursue legal action against the tenant.
Non-Paying Tenants
If a tenant is not paying rent, landlords are advised to send out a Notice to Quit after three months if demands for rent have gone unfulfilled. The notice must inform tenants they have three months to resolve their situation or their tenancy will end and their possessions will be removed from the property. After sending out a notice to quit, landlords should start eviction proceedings through court and do all necessary repairs in order to make it as easy as possible for them to regain possession of their property and recover unpaid rent without further problems.
Eviction Process
The three-step eviction process will vary depending on the state where the property is located. In most states, the landlord must go through a small claims court to request an order authorizing their agent to remove a tenant and their possessions from a rental property. If the tenant refuses to leave, the court will issue a warrant. A sheriff will then physically remove belongings of non-paying tenants.
Recovering Money After Eviction
After evicting non-paying tenants, landlords are advised to seek money owed from them through litigation. A landlord who pays out of his or her own pocket for the cost of eviction proceedings can be awarded a judgment against a non-paying tenant in court. This judgment becomes the rent due from that tenant until it is paid or set aside.
Preventing Non-Paying Tenants
Some landlords opt to find ways to prevent non-paying tenants from renting their property. These methods include: accepting credit cards, using a third party property manager, requiring prepaid rent, and requiring individual renters sign leases for specified lengths. Landlords also can place a hold on all rental applications for three months in order to weed out applicants who do not take pride in their appearance before renting a property.
Legal Action Against Tenants Who Do Not Pay
After a tenant violates the terms of their lease agreement, they may be subject to legal action. These actions can include: collection proceedings, eviction proceedings, and bankruptcy. If a landlord takes action against a tenant who is in breach of their lease agreement, they are allowed to begin litigation against that tenant. Legal actions allow landlords to recover money owed from non-paying tenants, receive reimbursement of legal fees incurred while pursuing the eviction process, and even obtain court judgments on behalf of themselves or other landlords pertaining to the violation. Following evacuations in most states, landlords are allowed to recover money owed from non-paying tenants through litigation.
Conclusion
Tenants not paying is a common problem for many landlords. When a tenant does not pay rent, it is imperative that the landlord take action. There are many ways to recover money from tenants who refuse to pay rent, but it is important for the landlord to know what their legal rights are. The first step in recovering unpaid rent from a tenant involves getting them out of the property.
Landlords should follow all steps in the eviction process properly and make all necessary repairs so that they can regain possession of their rental property as soon as possible after evictions have finished.