What to do when the tenant doesn't pay the rent?
Tips for Home Owners
March 27, 2024

What to do when the tenant doesn't pay the rent?

Conflicts between tenants and lessors are numerous. If most of the time, the owners are accused of being in bad faith...

Conflicts between tenants and lessors are numerous. Although most of the time, landlords are accused of being in bad faith, nevertheless, there are also tenants who do not respect their rent commitments. Among other things, rent payment is one of the most recurrent areas of conflict in a rental contract.

For homeowners in particular, the delay or non-payment of these monthly payments can lead to serious financial problems. Fortunately, there are steps you can take as a homeowner to get your debt paid. It is enough to comply with the standards imposed by law. Focus.

Negotiating with the tenant: the advantages of an amicable resolution

To begin with, as with resolving many conflicts, to get you paid your rent, why not try to resolve amicably first.

  • Engaging lawyers for a roundtable discussion

You can also hire a lawyer to defend your interests. The firms always start the treatment with an amicable negotiation on a round table.

For an optimal defense of your rights, Use a reputable lawyer who is an expert in lease rights.

  • Set up a system for the installment of unpaid invoices

Who says amicable discussion means the establishment of a system for the staggering of unpaid invoices. In particular, you must calculate the monthly payments according to the expenses already present of your tenant and his income. Depending on the individual's standard of living, late rent payments may take a few months. The terms of payment and the duration of the monthly payments must be noted in the contract. The latter may serve as evidence in the event of a complaint to the court in the event of non-compliance with the commitments of each of the parties.

  • A faster and more modest approach

Amicable negotiations have the advantage of being quick and modest. Court fees can indeed be expensive andFormal complaints can take months to be addressed.. During this period of time, you do not have a lot of initiatives, except to cancel the lease contract. This approach must still respect regulatory steps.

A summons to pay: the steps you need to know

If the amicable negotiation does not bear fruit, you should appeal to another instance.

  • The bailiff: an ally not to be minimized

To recover your unpaid rent, you can start a procedure of summoning you to pay. To do this, you need to call a bailiff. On the web, you have service providers available near you. Bailiffs are paid in fees that vary from case to case.

They will be required to write and send a summons to pay by registered letter. If after 14 days, the request has remained a dead letter, they must send a second letter of formal notice by registered letter with acknowledgement of receipt to the tenant and to the rent deposit. After 14 days, another reminder will be sent to both parties in case of refusal to comply.

  • The deadlines for completing the summons to pay

As you will have understood, the summons to pay must be executed in 2 weeks. If after 14 days, the tenant does not give any news, you could start more complex procedures.

  • The registered letter applies to any situation

The registered letter to ask the tenant to pay unpaid rent applies to any situation. Indeed, according to the law, tenants do not have the right to stop monthly payments, regardless of the owner's breaches of obligations. There are more legal steps to assert your rights in this type of situation.