do i need a lawyer to sue yenant who didn't pay rent?

Getting a proper order means you have to first terminate the tenancy agreement and engage a lawyer. Your lawyer will help you sue the tenant for arrear rent and ask for a vacant possession order. Only when the court grants the order can you start regaining possession of the property.

Full Answer

Can I sue my tenant for not paying rent?

If the tenant moves out before the end of the agreement and does not pay the remaining amount, you can sue them for compensation. If the apartment is for illegal purposes. If you have a no pet policy it is violated by the tenant. If the tenant has breached any other terms of the lease, you can sue them for physical, economic, or emotional damages.

What happens if a tenant doesn't pay rent for 20 days?

If the tenant pays rent on the first of the month, he or she will owe prorated rent for 20 days of the next month. If the tenant doesn't pay and simply moves out, the landlord could sue for those 20 days' worth of rent, assuming the security deposit is too small or already depleted due to needed repairs or cleaning.

How to sue your landlord with DoNotPay?

How to Sue Your Landlord with DoNotPay. 1 Ensure your claim qualifies for small claims court. 2 Draft and send a demand letter to your landlord or apartment complex. 3 Fill out the court forms. 4 File your complaint form against your landlord at the small claims court. 5 Serve your forms to the landlord. 6 Show up for your court date.

How do I deal with a tenant who refuses to pay rent?

Postpone rent payments with the agreement that they will be repaid by a specific date, and get this agreement in writing. Temporarily reduce rent to an amount that will allow you to cover your mortgage while also making things easier on your tenant. See if the tenant has any other suggestions or requests that you both may be happy with.

How to sue a landlord for unpaid rent?

Landlords sometimes go to small claims court to sue former tenants–those who have already moved out–for unpaid rent, when the security deposit isn't sufficient to cover the amount. These cases arise when: 1 the tenancy is month-to-month, and the tenant has left without giving the required 30 days' notice, and 2 the tenant has a lease, but has broken it by leaving before its term is up.

What does it mean when a tenant refuses to pay rent?

Tenants who leave before the expiration of a fixed-term lease (whether or not they notify the landlord that they're leaving) and refuse to pay the remainder of the rent due under the lease are said to have "broken the lease.". This means the tenant is liable for the rent for the entire lease term ...

What is a cotenant in a lease?

Tenants Suing Cotenants for Unpaid Rent. When two or more people rent property together and all sign the same rental agreement or lease, they are cotenants. Each cotenant shares the same rights and responsibilities under the lease or rental agreement.

What is the legal duty of a landlord if a tenant breaks a lease?

Stated in plain English, the landlord has a legal duty to try to find a new tenant as soon as reasonably possible to limit the financial loss. What all this adds up to is that a landlord whose tenant breaks a lease with no good reason is entitled to: the remaining rent due under the lease, minus.

What should a landlord bring to court?

The landlord should bring the lease or rental agreement to court and simply state the time periods for which rent is due but unpaid. Nothing else is required unless the tenant presents a defense, as discussed below.

What happens if a tenant moves away and doesn't show up in court?

Often the tenant has moved away and doesn't bother to show up in court. If this happens, the landlord briefly states his or her case and , assuming it's credible, will win by default. Sometimes the tenant does show up but presents no real defense (often hoping only to be allowed to pay the judgment in installments).

How long does a tenant have to pay rent?

If the tenant pays rent on the first of the month, he or she will owe prorated rent for 20 days of the next month. If the tenant doesn't pay and simply moves out, the landlord could sue for those 20 days' worth of rent, assuming the security deposit is too small or already depleted due to needed repairs or cleaning.

What to do if your roommate doesn't respond to your letter?

If your roommate doesn't respond to your demand letter (or gives an unsatisfactory response), you'll need to decide if it's worthwhile to file a lawsuit.

What happens if you don't sign a lease agreement?

Roommate agreement. If your roommate didn't sign the lease or rental agreement, hopefully you put any agreement to share rent in writing. Alternatively, even if you are cotenants under a lease or rental agreement, you might have agreed to share rent in another writing, such as a formal contract or an email. If you don't have a written agreement ...

What is a cotenant in a lease?

Lease. If you and your roommate both signed a lease with the landlord, you are considered cotenants. Most of the time, the lease specifies that cotenants are " jointly and severally liable " for paying rent—meaning that the landlord can seek the full amount of rent from any cotenant, no matter what payment arrangement the cotenants made.

What evidence do you need to sue a cotenant?

One of the most important pieces of evidence you'll need in court (if you decide to sue) is proof that your roommate or cotenant was in fact responsible for paying a share of the rent. Usually, you'll have one of the following: Lease. If you and your roommate both signed a lease with the landlord, you are considered cotenants.

What is rental agreement?

Rental agreement. A rental agreement is similar to a lease, except that it establishes a shorter-term (usually month-to-month) tenancy. Cotenants under a rental agreement are most likely jointly and severally liable for rent.

What happens if my roommate doesn't show up in court?

If your roommate doesn't show up in court, the judge will normally decide in your favor after verifying that you properly served the court papers and that no one requested a postponement.

What happens if you file a small claims lawsuit?

If you decide to file a small claims suit, you'll be given a court date on which the judge will hear your case and likely make a decision. It pays to be organized and prepared.

How to find out if a tenant is paying?

Connecting on the phone can be a fast and easy way to find out if the tenant intends to pay, when they intend to pay, and what (if any) accommodations they might request from you. You should only make one phone call to avoid any risk of harassment complaints.

What to do when tenant is past due?

The first thing you can do as a landlord is to send the tenant an informal reminder that the rent is past-due. This can be done as an email, handed to the tenant in person, put up on their door, or otherwise delivered to the tenant.

Why move quickly when you have late rent?

Moving quickly will allow you to clear up the rent issue sooner rather than later, and time truly is money in the rental business. Note that this is the general process landlords follow when dealing with late rent. If you want to work out another plan with your tenant, that is completely up to you.

What happens after you file an eviction?

Once you have filed the necessary paperwork, the court will review the documents and contact the tenant about the filing. From there, a court date will be set, and both parties will be expected to present their case. The judge will determine the outcome of the eviction case.

How long does it take to pay rent?

Depending on your state and local statutes, the tenant must be given a specific number of days to pay rent. Usually, they have between three and five days to pay once this notice is served. If that time passes without any word or payment from the tenant, you can move on to file for eviction.

Can you evict a tenant if there is a moratorium?

Tenants are still responsible for paying rent, but no evictions may be filed until the moratorium is listed. This means you cannot evict a tenant. Tenants are still responsible for paying rent, but evictions are being processed at a much slower pace than usual while the moratorium is in place. Tenants are still responsible for paying rent, ...

Can a tenant stay in a house after a moratorium?

The exact answer will depend on the specific eviction moratoriums in place in your area and what the ordinances say.

What happens if you don't pay rent?

If that does not work, you can file to evict the tenant. At the same time, you can also sue them for any rent they owe.

What happens if you sue your tenant?

Clear Your Name: Suing your tenant and winning will provide legal proof that you were in the right. The Case Will Be on Record: You will have a record that you won a court case against your tenant. This can be beneficial if the tenant ever tries to sue you at some point in the future.

What happens if a tenant breaks their lease?

For example, if a tenant breaks their lease and moves out early, you can sue them for the rent that is due for the remainder of the lease and potentially the costs associated with finding a new tenant to fill the vacancy. Clear Your Name: Suing your tenant and winning will provide legal proof that you were in the right.

What happens after a tenant gets summoned?

The hope is that, after receiving the court summons, the tenant will want to avoid the hassle of going to court and potentially losing anyway. They would rather pay the amount the landlord is requesting or compromise on paying a lesser amount that the landlord agrees to accept. This would also keep the tenant’s name off the court records.

Can you sue a tenant for damages?

Receive Additional Damages: In court, you can sue the tenant for the actual money you are owed, but also for additional damages.

Can you take a tenant to court?

Risks of Taking a Tenant to Court. There are advantages to suing your tenant, but a landlord must also understand the risks involved. There is no guarantee of victory and you could trigger a counterclaim from your tenant. You Could Lose: Filing a lawsuit is not a guarantee that you will win the lawsuit.

Can a tenant countersue a lawsuit?

Tenant Could Countersue: By initiating a lawsuit, you could anger your tenant, leading them to countersue. You could wind up losing the lawsuit and then have to pay even more money to the tenant in damages and attorney’s fees.

What happens if you don't pay your rent?

Unpaid Utility Bills. If the security deposit does not cover the bills, you can sue the tenant in small claims court to cover damages. Damage to the Unit. Damages include extreme dirtiness, holes in the walls, broken air conditioner, etc.

How to sue a tenant in small claims court?

How to Sue Your Tenant By Yourself in Small Claims Court. Estimate the amount of money the damages caused you and make sure that it is within the limits of small claims court. Small claims courts have varying claim limits in different states, so search for the limits in your state before making a decision. Write and send a demand letter ...

How to write a demand letter to a tenant?

Write and send a demand letter to your tenant, which must contain the damages that have been done to your property and explain why the tenant is accountable for these damages. Get the required small claims court files , fill them out and submit them to small claims court. Serve your tenant, which means that you need to serve ...

What happens if you don't approve a pet policy?

If the tenant moves out before the end of the agreement and does not pay the remaining amount, you can sue them for compensation. If the apartment is for illegal purposes. If you have a no pet policy it is violated by the tenant.

Can you sue someone for not having a pet in an apartment?

If the apartment is for illegal purposes. If you have a no pet policy it is violated by the tenant. If the tenant has breached any other terms of the lease, you can sue them for physical, economic, or emotional damages.

Can you get compensation for a tenant who refuses to settle?

You can receive financial compensation for damages incurred by the tenant if you win the case, particularly, if the tenant has refused to settle. When you sue your tenant, and you win the case, it will be legal proof that you were right, which will clear your name about the whole dispute.

3 attorney answers

My colleagues have pointed out that you can sue your former roommate in small claims court for her part of the rent and for the money you gave her for the utilities. You can sue her even if you find new roommates. You'd probably win but the problem would be in collecting. You'd want to find out if she has a job or has any assets.

Ronald A. Cabanayan

You can sue her, but you have the duty to mitigate damages by finding a new roommate.

What happens if a tenant doesn't pay rent?

If your tenant fails to pay the monthly rent then according to the law, you need to send a notice to the tenant asking him/her to pay rent. If the tenant does not pay attention, you can not only file a complaint to evict the tenant and sure them for the owed rent.

How much does it cost to prosecute a tenant?

There will be court fee for filing the case, which is between $25 and $50.

What happens if a tenant moves out of a rental property?

If the tenant has moved out of your rental property and the lease agreement hasn’t yet expired then the landlord can take them to court for recovering the amount that remains.

What does it mean to win a lawsuit?

A victory is a victory. If you win the lawsuit then it will serve as a proof that you were right and in the future if any tenant tries to create trouble for you or warn of suing you, you can easily tell him/her that you know the laws and have actually won cases in the past.

What happens if a tenant changes the property without your approval?

If your tenant has made some alterations to your property without your approval then you can sue him/her to recover the money that is needed to restore the original condition of the unit.

What happens when a tenant gets a summons?

When the tenant receives a court summons it would serve as a warning sign for them as nobody wants to go through the hassle of fighting a lawsuit in which the tenant might very well be on the losing side. Hence, tenant would pay the amount or try to resolve the issue by giving in to your demand.

What happens if a tenant owes you a security deposit?

If the tenant owes you some amount that is higher than the security deposit and despite deducting there is still outstanding amount to be paid to you then consult small claims court to recover the remaining amount.

Why do landlords sue?

Generally, here are some of the reasons for suing your landlord that will hold up in court: Deducting an amount or withholding your security deposit. Non-compliance to the state’s regulations on security deposits. Discrimination that violates the provisions of The Fair Housing Act.

How to sue a landlord in small claims court?

Here are the typical steps on how to sue your landlord in small claims court: The tenant files the lawsuit with the court clerk, fill up the forms, and pay a minimal filing fee. The papers are served (delivered) to the landlord via registered mail.

How to sue a landlord for a security deposit?

In most cases, tenants can sue landlords in small claims court with the goal to: 1 Have the landlord return the security deposit 2 Compel the landlord to keep his/her promises in rental ads 3 Force the landlord to reimburse rental fees or do repairs on the unit 4 Have the landlord comply with laws that require compensation of interests on security deposits

What are the laws that apply to rental housing?

Here are the two major federal laws that apply to rental housing: Law. Description. The Fair Housing Act. Prohibits landlords from discriminating against a tenant because of his/her race, age, gender, religion, or disability; also includes the prohibition of exclusive marketing to specific groups of people only.

What is a tenant's refusal to make repairs?

Refusing to make repairs that render the unit uninhabitable, e.g. mold issues, lead paint hazard, etc. Not disclosing known, existing, or previous mold issues or lead paint hazards. Entering a tenant’s unit without prior notice and for no legal reasons. Injury at the property due to landlord’s neglect.

Can you sue a landlord for uninhabitable conditions?

If you are suing because of uninhabitable conditions, then it’s best to sue while your lease is still valid. Also, there are statutes of limitations for property damage that you need to be aware of. These vary by state and could range from one to ten years.

Can landlords and tenants be amicably settled?

Most landlord-and-tenant relationships start amicably, but sometimes issues happen that cannot be painlessly settled in a simple phone call or email. In serious situations, tenants may consider suing landlords to resolve the problem in court.