If as a landlord you have found yourself in a situation where the tenant of your flat has stopped paying rent, it will be useful to know the following key steps and options that you have in terms of the law as a landlord. The following article will give you detailed guidance on how to deal with a non-paying tenant, what you can and cannot do as a landlord and how to prevent a rent default situation.
As a landlord, the very first step you should take is to send a written reminder to the tenant. In this reminder, state that the tenant is not paying rent and how long this situation has been going on. Emphasise that if the situation does not change, you can refer the matter to legal action. The written reminder in this case serves as an official document that can be used later in court proceedings if necessary.
What should be included in the written notice:
According to the Civil Code, the landlord can give notice to the tenant if the tenant fails to pay the rent for at least three months. The notice must be in writing and must then be delivered to the tenant, stating the reason for terminating the tenancy agreement. The notice period in this case is three months. It starts on the first day of the month after the notice is served on the tenant.
The notice of termination must contain:
Under the Civil Code, if the tenant already owes you more than three times the rent and utilities for three months, you can give them immediate notice without giving them notice. However, before doing so, you must give your tenant proof that he or she has paid the rent. You must give him a reasonable period of time to do so. This is usually between 15 and 30 days.
The immediate notice must include:
Tip: Sign a fixed-term lease with the new tenant. You never know if a seemingly solid person will eventually become a defaulter. After at least 1 year, you will be able to evict the tenant from your property.
As a landlord , you must not forcibly evict a tenant. You are putting yourself at risk of committing a crime and breaching your home’s freedom if you resort to changing the locks or tampering with the tenant’s personal belongings before taking prior precautions. Forcible eviction is therefore unacceptable and may have legal consequences for you as a landlord. If you are unsure how to proceed in a particular situation, please contact our legal advice service.
As a landlord, you must also not disconnect a tenant’s electricity or other services as a means of enforcing payment of rent. In such a situation, the tenant would be entitled to take legal action against you, as disconnecting the tenant’s electricity is considered unjustified in this case. Therefore, such practices often lead to fines and other legal disputes.
Are you struggling with a rent problem?
Are you fighting with a tenant and no longer know how to proceed? Have you tried all available options but the non-paying tenant is still occupying your property and not paying? We’ll go through the whole thing with you, explore your options and help you get the non-paying tenant to move out or pay you for the damages.
If the notice period has expired and the tenant still refuses to leave the apartment or house where they live, you can take legal action against them to evict them. This process can be time-consuming and can take several months or even years. So if your situation reaches this point, be patient, as the court proceedings involve high financial and time costs.
Court proceedings include:
Tip: Learn when it is possible to evict an apartment and how to do it properly.
This probably won’t please you as a landlord, but unfortunately it is true. The law protects tenants and even in the event of non-payment of rent, tenants can extend their stay in the rented property. Tenant protection is enshrined in the Civil Code. It is primarily intended to protect tenants from unjustified evictions and to ensure that they are treated fairly.
The tenant has the possibility to ask the court to postpone the eviction if he/she proves that he/she is in a difficult living situation. The court may, on the basis of such an application, decide to extend the time limit for eviction to give the tenant more time to find new accommodation.
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