Our tenant hasnt paid rent since 2018 what can i do
I'm so sorry to hear that you're dealing with a difficult situation. If your tenant hasn't paid rent since 2018, it's essential to take immediate action to protect your rights as a landlord. Here's a step-by-step guide to help you navigate this situation:
- Verify the non-payment: Confirm that the tenant has indeed not paid rent since 2018. Review your records, including rent receipts, bank statements, and any correspondence with the tenant.
- Send a formal notice: Send a formal notice to the tenant, stating the amount owed, the late payment fees, and the consequences of non-payment. You can use a standard eviction notice form or a "Notice to Quit" form, which varies by state. Make sure to include:
- The tenant's name and address
- The amount owed (including late fees)
- The date the rent was due
- A demand for payment or possession of the property
- File an eviction lawsuit: If the tenant doesn't respond to the notice or doesn't pay the owed rent, you'll need to file an eviction lawsuit (also known as an unlawful detainer action). This will initiate the legal process to remove the tenant from the property. You'll need to:
- File a complaint with the court
- Serve the tenant with the complaint and summons
- Attend a court hearing to present your case
- Gather evidence: Collect any relevant evidence to support your claim, such as:
- Rent receipts
- Bank statements showing non-payment
- Correspondence with the tenant
- Photos or videos of the property's condition
- Work with a lawyer (if necessary): If you're not comfortable handling the eviction process yourself, consider hiring a lawyer who specializes in landlord-tenant law. They can guide you through the process and help you prepare for court.
- Consider a writ of possession: If the court rules in your favor, you'll need to obtain a writ of possession to physically remove the tenant from the property. This is usually done by a sheriff or constable.
- Take steps to secure the property: Once the tenant is removed, take steps to secure the property to prevent further damage or unauthorized occupancy. This may include changing locks, installing new doors or windows, or hiring a property management company.
- Report the tenant to credit bureaus: If the tenant has damaged the property or failed to pay rent, you may want to report them to credit bureaus to help protect other landlords and property owners.
- Consider seeking legal advice on recovering damages: If the tenant has caused significant damage to the property, you may be able to seek compensation for those damages. Consult with a lawyer to explore your options.
Remember to stay calm and professional throughout the process. It's essential to prioritize your rights as a landlord while also being respectful of the tenant's situation.