A steady stream of rent is essential to the survival of any rental property. Without it, the entire business is put in jeopardy.
As a landlord, you are probably all too familiar with the frustrations of dealing with tenants who fail to pay their rent on time. So, what legal avenues are available for recovering owed rent and getting your property’s finances back on track?
There are legal ways to encourage timely rent payments
In general, landlords need to maintain open communication with tenants. If a tenant struggles to pay rent, explore payment plans, temporary rent reductions and other potential solutions first. Make sure to document all conversations and agreements in writing.
In Florida, landlords can issue a 3-day notice to pay rent or vacate the property. You must deliver this notice properly. If the tenant does not comply, you can then file an eviction lawsuit.
Landlords can also report late or missed payments to credit bureaus, which may motivate tenants to pay on time to protect their credit scores. Plus, you can charge late fees if specified in the lease agreement, but these must be reasonable and comply with state laws.
Another option is to offer incentives for early or on-time payments. This positive approach can encourage tenants to prioritize rent payments.
Landlords should not resort to illegal actions
When a tenant falls behind on rent, there are certain actions that landlords cannot take to force payment:
- Shut off essential services, such as water, electricity or gas
- Change locks or deny the tenant access to the property
- Remove or dispose of the tenant’s personal belongings
- Harass or intimidate the tenant
- Make unauthorized entries into the property
- Withhold necessary repairs or maintenance
These actions are against the standard practices of rent collection and can result in severe penalties for landlords. It is essential to avoid these tactics, no matter how frustrated you may feel about unpaid rent.
If the problem persists, it may be time to have an experienced attorney in your corner. Your attorney can shield your business from legal pitfalls and ensure you take the right steps to protect your investment.