Tenat can’t pay rent what are my rights as landlord ?
Check your states landlord/tenant act and/an attorney familiar with rentals to be sure. This is also important to have specifically in tenants lease. It’s can also be an issue if they have a lease or not, and if your agreement is they pay weekly monthly, sometimes daily..
Usually, in Arizona, with a lease or not, they are given a 5-day notice to pay or quit. (Rules how to serve vary by state or by jurisdiction where you file eviction).. In AZ, they can be nicely hand-written or copied and filled in pertaining to specific tenant. We then can post it on their front door, I always take a picture of it after I post, and that’s it make sure you have a copy to file in with eviction packet. I also found its a good idea to try to have a witness sign notice with you as more proof you posted, although not required. Keep in mind who you choose for witness and that they are not a tenant, which could cause issues later.
If, after the 5 days have passed with no payment made, on 6th day you go back to your justice court in your jurisdiction and complete eviction packet and the court gives you a hearing date. Then a constable or a process server you hire serves tenant. You appear at the hearing, judge grants judgement or makes stipulations, or vacates hearing without judgement. Judge will also give an additional order to give you legal possession of property within 5 days or you go back to court to complete writ and then they can be locked out by a constable or sheriff on 6th day if still on property.
Eviction is the most legal option. Assuming you said that tenant did not pay and did not vacate.
It’s a simple process, just get all the steps right. The courts generally give the tenant the benefit of hte doubt unless you have documentation for everything. You should do that as a matter of course.
Do not hesitate to evict. Promises are often empty. A broken promise is just a delay tactic and the more that you let that happen, the more rent you’ll lose (your judgment will be larger, but I’d rather have a smaller judgment and a new, paying tenant sooner than later).
You can also approach the tenant and suggest that you come to an agreement. You can offer a payment plan for the arrearage and make them keep up on the current rents. This gives you leverage to get the back rent. However that agreement should be drafted by a pro, lest you make a slip of the legal tongue and let the tenant get away with more.
Don’t worry, it can be arranged for the tenant to pay the legal fee (a reasonable one).
A third option is to negotiate for the keys. Pay them a few hundred to move by a time certain…. generally a few days.
First rule of landlording is to don’t let a day pass with the tenant living for free while you pay the expenses of the property. Each day that goes by makes it harder to collect. If the tenant owes you $2500 in back rent and he can move to a new place for $2000, which might he choose? At some point if you wait too long, the cost to move is cheaper than the cost to stay. You lose both a tenant and probably lose their back rent as well.
If your tenant is not paying rent and refuses to leave, you need to act to get them out of the property. You need to be sure that you’re meeting the legal requirements in your area, and also that you are not violating any remaining COVID moratorium protections. Hire an attorney or an eviction service in your area to get the process started and to be sure that every step of the way is legally correct.
you should buy an hour’s worth of time with a lawyer in your area (who will know your state’s specific codes and enforcement thereof) to discuss your situation and your options. every state may be similar, but there may also be some ‘lint in the bottom of your pocket’ kind of caveats as well for your state. money well spent.
up front obviously i am going to guess the lease is now expired and he won’t leave and he owes you unpaid rent. you did not indicate if the lease was expired.
if the lease is still in effect, your only real option is to EVICT him. go through the hoops. 3 day notice to pay rent or quit, then file for eviction and have him personally served. if he is always in the home, they know where to find him, and if he evades service and never answers the door or steps outside, there are other ways to serve him, the ‘last resort’ of which would be by publication, where you place an ad in the legal section of any area newspaper. many lawyers may say put it in some obscure paper (like the weekly advertisements that get delivered to everyone) to enhance your chances of the tenant NOT seeing it and you could then get a default judgement and everything you want. Not sure i would agree. yes, that is legal, but, it also gives the tenant an avenue to appeal by saying “Who in the hell reads that weekly advertising rag?”. it would not delay the inevitable for him – as he’d have to file an appeal and he could be served with something else at that time – but it would delay the proceedings another month or two or three and keep you from reclaiming the property and re-renting it after the inevitable repairs from the damage worms like this do, and that is money you’d be out (sure, you can sue, but if he’s not paying rent, what are the chances he’d ever pay a judgement? exactly.)
But you file for eviction, get him served, and if he shows up, he likely has no defense and is evicted by the court, or you get the default eviction if he does not show up (unless he has some snake in the grass lawyer show up and request a continuance citing some excuse – which he would get, the first such request is almost always granted) , and THEN you can have the sheriff forcefully remove him and drag him out if necessary, the locks can be changed, and his property is placed out along the curb for the trash or the neighbors to go through and claim.
But what if the lease has expired? this is where it can be interesting. IF you provided the written notice (or notice as outlined in your lease in accordance with your state’s laws, generally 30 days, but it is 60 in some) that the lease will not be renewed and thus, will not convert to a month-to-month, after the lease expires, he is now trespassing. you could have him arrested and removed for that reason, get in there, change the locks, and boom – you have control of your place again. what’s he going to do? sue you for an illegal eviction and argue he should be entitled to the place again or moving expenses? that is where giving him the proper notice is paramount, as your response would be “not evicting him for unpaid rent at all. i have not filed for eviction. i provided the legal notice the lease would not be renewed and he did not vacate by that time, now he is trespassing and i had him removed as such”. but then you have to store his things in a rental garage to give him the opportunity to reclaim his things, and depending on the state, there could be squatters rights, etc. but are they going to argue they paid rent and complied with the lease and prepared to show cancelled checks or transfer records?
you do not have to forego the rent in this case. an eviction proceeding would not be the venue, but small claims would be.
In India, if you do not have an agreement, you are royally screwed. Not just that, an agreement alone, properly signed by both parties and witnessed (even notarised) is not enough. It must be registered with the local sub-registrar of properties in the city/town, registration fee and stamp duty must be paid. Only, and only, a registered agreement has any legal standing in the court.
In the case above, good luck with everything to the landlord. You can still go to court. But such a matter will go under default Rent Control Act of the state. This act usually favours the tenant against eviction. The absence of registered agreement can also be held against the landlord for wilfully defaulting on payment of registration fees and stamp duty, especially if the rental is after 1995 (in most states). At most the court will make the tenant pay the previous rent due and future rent but the rent will be as per the state’s rent control rates.
However, rent laws ussually vary from state to state so you better consult local lawyer before finalising anything.