How do I proceed if my tenant does not pay the rent?
August 23, 2023 | 40,00 EUR | answered by Johann Lauer
Dear Tax Consultant,
My name is Emma Jung and I am renting out an apartment in Munich. In the past few months, my tenant has repeatedly not paid the rent on time or not at all. I have already spoken to him about this several times and sent reminders, but so far without success. I am concerned that the rent arrears will continue to accumulate and that I may need to take legal action.
My question is, therefore: What is the best course of action if my tenant does not pay the rent? What legal options do I have to claim the outstanding amounts and how can I prevent the situation from worsening? Are there specific measures I can take to urge the tenant to pay?
I would greatly appreciate your support and expertise in this matter. I want to ensure that I choose the best possible approach to protect my interests as a landlord and ensure the financial security of my rental property.
Thank you in advance for your help.
Sincerely,
Emma Jung
Dear Mrs. Jung,
Thank you for your inquiry regarding your tenant's unpaid rent. It is understandable that you are concerned and would like to find a solution to this problem in order to ensure your financial security as a landlord.
When a tenant does not pay the rent, there are various legal options available to collect the outstanding amounts and resolve the situation. First, you should make sure that you have documented all payment demands and reminders in writing. This is important to have evidence of the payment demands in case legal action is necessary.
If the tenant continues to not pay the rent despite multiple reminders, you as the landlord can take legal action. This typically includes terminating the lease agreement without notice due to non-payment. This termination must be done in writing and set a reasonable deadline for payment. If the tenant still does not pay the rent after this deadline, you can file for eviction to force the tenant to vacate the property.
However, it is important to note that legal action can take time and money, and it may be more sensible to first take other measures to encourage the tenant to pay. One option is to agree on a payment plan with the tenant or grant a deferral of rent payments if the tenant is facing financial difficulties. In some cases, mediation may also be helpful in reaching an agreement between you and your tenant.
It is advisable to seek the assistance of a lawyer or an experienced tax advisor in a timely manner to support you in resolving the problem and choosing the best course of action. Each situation is unique and requires careful consideration to find the right solution.
I hope this information helps you and I am happy to assist you with any further questions or advice.
Best regards,
Johann Lauer
