How do I proceed if my tenants do not pay rent and I want to take legal action?
October 5, 2022 | 40,00 EUR | answered by Lucas Krebs
Dear tax advisor for rental/leasing,
I am reaching out to you today with an urgent matter as I am currently facing a problem as a landlord. I rent out an apartment in my house to tenants who unfortunately have not been paying rent for several months. Despite multiple reminders and conversations with the tenants, the situation remains unchanged and I am forced to take legal action.
The current situation is such that as a landlord, I am experiencing financial losses and must also work on enforcing my rights. I am concerned about the future development and would like to know the best course of action to collect my rental payments and compel the tenants to pay.
So my question to you is: What legal steps can I take as a landlord when my tenants do not pay rent, and how should I proceed? What options do I have to enforce my rights and what consequences could the tenants face?
I would greatly appreciate it if you could provide me with specific recommendations on how to proceed so that I can resolve the situation as quickly as possible and protect my financial interests.
Thank you in advance for your assistance.
Kind regards,
Otto Schneider
Dear Mr. Schneider,
Thank you for your inquiry regarding the outstanding rent demands from your tenants. I am sorry to hear that you are in this difficult situation. As a tax advisor specializing in rental and leasing, I can recommend some legal steps that you, as a landlord, can take to enforce your claims and prompt the tenants to pay.
First and foremost, it is important that you have documented all previous steps, such as reminders and conversations with the tenants. These documents will help you enforce your claims in court if necessary.
Next, I recommend hiring a lawyer specializing in tenancy law. A lawyer can help you initiate the legal steps and effectively represent your interests. Together with the lawyer, you can send a written payment demand to the tenants, setting a deadline for the payment of the outstanding rent.
If the tenants still do not pay after the deadline, you can file an eviction lawsuit against them. It is important that you can provide all necessary documents and evidence to support your claims. An eviction lawsuit can be a lengthy process, so it is advisable to take legal steps early on.
In the case of an eviction lawsuit, the tenants may face various consequences, such as the forced eviction of the apartment, the costs of the legal proceedings, and potentially compensation claims. Therefore, it is important that you are aware of all possible consequences in advance and seek legal advice.
Finally, I would also recommend that you carefully select your tenants in the future and, if necessary, conduct credit checks to avoid such situations.
I hope that my recommendations will help you and protect your financial interests. If you have any further questions or need assistance, I am at your disposal.
Best regards,
Lucas Krebs
Tax advisor for rental/leasing
