Posted in Blog  
  on Oct 29, 2012

Unpaid Rent

When you talk about the most common disputes arising between landlords and tenants, nonpayment of rent has to be there in the list. People rent their properties to earn money, and when a tenant refuses to pay the rent, this becomes quite difficult for a landlord to resolve the issue. However, it is important to understand that landlord tenant relationship is a form of legal contract, which means there are certain rules and laws to be followed by both parties. And when there are issues related to rent payments, a landlord can opt for different ways.

Sometimes, it happens that a tenant asks their landlord to make some repairs; they may want their roof or furnace fixed by the landlord. In case the property owner doesn’t make a move, the tenant retaliates and refuses to pay rent. Withholding rent payments is a common problem, but landlords should know their rights. In most jurisdictions, tenants are not allowed to withhold rent payment even if they have complaints against their landlord. Instead, they should take their claim to the court of law. A landlord should have clear information about the state laws before trying to resolve the issue. For instance, if you’re in Indiana and your tenant is not paying you the rent for any reason whatsoever, he/she may have to deal with an order of eviction. It means landlords should never let a tenant withhold their rent payments no matter what the issue is.

However, there are always instances when a tenant won’t pay, even when they don’t have any complaints. In this situation, it is important for the landlord to seek legal help. The right way is to serve the tenant with a notice saying that they need to make a rent payment, which is overdue now. This formal notice should give them a deadline within which they should be making their outstanding payment. After this formal notice, the landlord should handle things in a more serious way and serve a notice to move out of their property. There are specific forms available for this purpose, but even if you’re using your own notice, you have to ensure that it includes important info. This should include the total amount of money the tenant needs to pay, the date when you want them to move out, and a statement stating that tenant is free to disagree with the notice and discuss it in the court.

The bottom line is that landlords have certain rights that they can use when a tenant refuses to pay the rent. Even if a tenant tries to be extra smart and threatens the landlord in any way, the landlord can get in touch with a landlord tenant lawyer to find out the right path of action as per their legal rights.

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