What happens if rent is not paid

But your tenant might come back with a different answer: He or she doesn't have the money. And that's a very different story. Let's assume your tenant hasn't made a rent payment because he or she has lost a job or encountered another financial hardship.

You may technically be within your rights to pursue an eviction based on a lease violation. But before you do that, there may be a better route to pursue -- compassion. If your tenant has historically paid rent on time and never given you any problems, it's in your best interest to work with that tenant rather than threaten to go to court. Not only might a compromise get you some money sooner, but it could be a lifeline for a tenant who's experiencing a true financial crisis.

In that case, see what your tenant can afford. Maybe your tenant can pay you half that amount now based on severance or unemployment income. Or maybe your tenant really needs a couple of months' reprieve from paying rent but intends to try to catch up afterward.

Rather than go after your tenant for nonpayment, see if you can work out an arrangement where neither of you takes too hard a financial beating. As a landlord, you may not be in a financial position to just let your tenant off the hook for a few months' rent completely. After all, you have your own mortgage payment and maintenance expenses. But if you have the flexibility to work with your tenant, it's not only the right thing to do but potentially the more cost-effective.

That way, you'll avoid the legal fee that comes with retaining a lawyer for an eviction and the associated court costs. That said, you may need to be careful when accepting a partial rent payment. In some cases, that could negate any previous action you've taken, like sending a late rent notice. Before you agree to an arrangement with your tenant, it could pay to consult an attorney.

Not paying rent is a clear violation of your tenant's lease agreement. If, after several attempts to contact your tenant and work with him or her, there's no movement on the rent front, you may have no choice but to move forward with an eviction. Before you do, though, check to make sure there's no eviction moratorium in effect in your state. If so, you won't have the option to pursue an eviction. Assuming you're free to move forward with an eviction, your first step is to provide your tenant with a formal eviction notice.

If your tenant doesn't agree to vacate your property, you'll need to file an eviction action in court. Once you get a hearing date, you'll present your eviction case. If a judge agrees that your tenant has violated his or her rental agreement, you'll get a judgment or court order entered in your favor.

At that point, your tenant will be legally obligated to vacate your rental property. If that doesn't happen, you'll need to enlist the help of law enforcement to have your tenant, as well as your tenant's property, removed.

Clearly, an eviction isn't a picnic. It can be time-consuming, costly, and stressful for you as a landlord. The law allows the landlord to ask you to pay all of it or be taken to court. Tell us how to improve this page. But please do not write any personal information. We cannot respond to the comments sent through this form.

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A Guide To Evictions. What happens when you violate a lease or landlord-tenant code. What happens when your landlord takes you to court. I just received an eviction notice. It is not a complete summary of the Residential Tenancies Act and it is not legal advice. If a tenant rents by the day or week, the termination date must be at least 7 days after the notice is given. If a tenant rents month-by-month or has a lease for more than 1 month, the termination date must be at least 14 days after the notice is given.

If the tenant pays all the rent they owe before the landlord files an application to the LTB , the Notice to End a Tenancy Early for Non-payment of Rent is void and the tenant does not have to move out. If, on June 2nd, the tenant wants to pay the landlord everything they owe to void the notice, the tenant must pay the rent for May and June.

The order will also give the tenant a chance to continue the tenancy by paying all of the rent and costs they owe by a deadline. This application can be submitted by mail, courier or online using LTB e-File , which is cheaper than filing a paper copy. The earliest day you can file this application is the day after the termination date in the N4 notice. You can only file the application if the tenant is still living in the unit.

You can only file this application if the tenant is still living in the unit. You can file this application the day after the rent is due. If your former tenant owes you money for unpaid rent or compensation, you can ask the LTB to order your former tenant to pay you what they owe. You can only file this application if the tenant moved out of the rental unit on or after September 1,