It is possible that throughout your life as a tenant you will come across this situation. At that time, you will surely see yourself saying the following words: “my tenant does not pay my rent, what can I do?. So, in the situation what should be your best strategy?

What to do if the tenant does not pay?

Before taking any action, we recommend that you speak with your tenant. Find out if it is a specific delay, and if it can be corrected in a few days. Perhaps you can agree to a small delay in payment, or even if you are happy with your tenant, renegotiate the rental price.

If this is not the case, you should know that if your tenant is not paying you the rent, you can choose two ways. A first extrajudicial one, in which the payment of debts will be claimed, or through the courts, in which case you must have the services of a lawyer and a solicitor.

To be able to choose the judicial route, you must first notify your tenant that you demand that he pay you the months he owes you.

The law protects you at all times. If your tenant does not pay any of the monthly payments, according to article 27.2 of the Urban Leasing Law (LAU), it is understood that the contract has been breached, and therefore you can file a demand for eviction for non-payment. And not only for the non-payment of the rent, but also for not paying the supplies or the neighborhood community, if it is the case. So the decision is yours.

If you choose the extrajudicial route, you must claim the debt from your tenant and record it. To do this, you must send a request by one of the following methods: telegram with acknowledgment of receipt, burofax with content certification, and acknowledgment of receipt or notarial requirement.

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In the document, you must indicate the term you have to pay the debt, and that if you do not do so within the established term, you will go to court or arbitration, depending on what appears in the contract.

Before telling, you what to do to evict your tenant, we will tell you what you can NOT do. It is important to take this into account because if you do not follow the recommendations, the process will surely be delayed in time.

Change lock

Legally, even if your tenant doesn’t pay, the rental agreement remains in effect, until a judge says otherwise. For that reason, you could be charged with a crime of coercion.

Cut supplies

We would be facing another offense or crime of coercion, and the tenant could claim damages.

Stop making necessary repairs

According to the contract, the landlord must keep the house inhabitable conditions. Failure to do so may be a cause for termination of the contract, so it would be counterproductive.

Sell ​​the house without notifying the tenant

Maybe in a desperate situation, it goes through your head. But you should know that first, you have to notify the tenant, who has the right of first refusal, that is, he will be the first to buy the home.

Tenant Eviction Letter

When you notify your tenant to leave the house for breach of the contract, it is better that you follow a model, so that you do not forget anything. Remember that this document will be the proof that you will have to show that you notified the tenant.

  • This structure is the next one.
  • Name of the tenant to whom the communication is directed.
  • Address of the tenant.
  • In reference to the lease, mentioning the address of the home.
  • Subject: Notice of eviction for non-compliance.
  • Will to terminate the lease.
  • Reasons why you want to terminate the contract (the most common is non-payment of rent)
  • Reference to the article of the Urban Leasing Law that is breached.
  • Demand for payment of overdue rents and the deadline for doing so.
  • Consequences in case of not meeting the requirement. In general, it is specified that it will be understood as rejected after the given period and that the judicial process will be initiated before the body specified in the contract.

Lawsuit for non-payment of rent

If you have already tried the amicable route and there has been no effect, you must go to court.

To get your tenant evicted, the first thing to do is to file a forced eviction lawsuit. In it, you can request the eviction of the home and also the payment of arrears.

This procedure is what is commonly known as an “express” eviction. To start it, you must have a lawyer and a solicitor. Along with the lawsuit, your attorney must deliver the original lease, a General Power of Attorney for Lawsuits, and all notices made to your tenant.

Once the claim has been filed, within a period of approximately one month, you will receive a notification informing you that the claim has been accepted. In addition, you will be indicated the date of the trial, as well as the launch date, that is, the day on which you must leave the property.

At this point, the tenant has several options.

  • Oppose the lawsuit. Then you must go to court on the specified date.
  • Do not pay and do nothing. In that case, the tenant will be evicted on the appointed day (launch).
  • Pay the amount due and stay in the property.
  • Deliver the property and not pay the debts. If you decide on this option, the eviction proceedings are terminated, but not the debts.

Once the judge issues his decision, the release must be executed, that is, evicting the tenant from the house. This eviction can be done without the use of force when the tenant leaves the property and voluntarily surrenders the keys. Or by the use of force, in which case it will be the state security forces who execute it.

As you can see, when a tenant does not pay, it is a long process, Home Office Setup with many terms and very tedious. With our non-payment insurance, you will save all these worries, because we take care of all the formalities. In addition, in the case of initiating the judicial process, we take care of the months that remain unpaid.