What to do in case of unpaid rent by my tenant ?
From unpaid rent to expulsion ?
From the first unpaid rent, the owner should try to find an agreement with the tenant to remedy the situation (setting up a schedule, staggering payments, using a collection company, etc.).
STEP 1 – AMICABLE SETTLEMENT
The objective is to ask the tenant for explanations and to find an amicable solution to recover the unpaid amounts quickly. If the two parties find an agreement, the terms of this agreement must be carefully put in writing, signed and dated by the owner and the tenant.
“A bad agreement is better than a good lawsuit” is not always valid in case of unpaid rent… Because if the tenant is unable to pay his rent, the owner is deprived of a source of income often vital to honor his own commitments (loan payments on the property, work to be financed, loss of a job,…).
STEP 2 – THE JUDICIAL PROCEDURE
The judicial procedure of expulsion or termination of the lease will often be a more efficient solution to obtain the payment of the debt and to quickly recover the housing. Several formalities and deadlines will have to be respected under penalty of nullity of the procedure (order to pay, act of denunciation to the guarantors,…). The use of a Bailiff will also prove to be essential.
How to react in case of unpaid rents ? How to recover unpaid rents ? What are the steps and recourses to take to get out of the situation? AGN Avocats is competent to accompany you and simplify your procedures, both for the search for a good agreement with your tenant and for the setting up of a legal procedure.