What Should You Do When a Landlord Takes Threats of Legal Action for Unpaid Rent?
Dealing with a landlord who is threatening legal action for unpaid rent can be a daunting situation. But taking the right steps can help you navigate through it with less damage to your financial and professional life. Here’s what you should do if you face such threats:
Meet with the Landlord and Discuss the Problem
The first step is to have a calm conversation with the landlord. Approach this meeting strategically: go in prepared and discuss the problem openly. Try to arrange a payment plan for the past due rent. Write down the agreement, look the landlord in the eye, shake hands, and follow the agreement. This shows that you are serious about addressing the issue and taking necessary steps.
Prioritize Paying the Rent
As a tenant, you are legally responsible for adhering to the rental contract. If you violate this agreement, you are liable to pay the overdue rent. Failing to pay your rent can lead to unlawful detainer action, which is essentially an eviction that can go on your credit report, your national criminal report, and a history of court cases. In severe cases, if you are evicted, you might even be added to an eviction list. This can severely impact your ability to find housing in the future.
Even if the landlord gets your belongings back, they might not pursue you for the overdue rent if you owe a smaller amount. However, the landlord can still report you to collections, which will negatively affect your credit score. Finding a new place to live can become a challenging task, and you might find yourself in an apartment managed by a slumlord.
To avoid these complications, it is crucial to find a way to pay the rent. Make a commitment to pay on time moving forward to avoid further misunderstandings and legal action.
Consider Filing for Eviction
If you believe you have a valid case for legal standing to stay in the rental unit, you might consider going to court. However, if you haven’t been paying rent as required in your lease agreement, your chances of winning in court are slim. Before going through the legal process, carefully evaluate your options and the possibility of reaching an agreement with the landlord.
Some states have specific rules regarding eviction. For instance, if you have a month-to-month rental agreement or a lease that has expired, the landlord must provide at least 30 days’ advance notice. If you have not been given this notice, you might have legal grounds to stay in the rental unit. But even if you are given notice, the landlord has the legal standing to demand you vacate the unit. In such cases, the tenant can be ordered to pay late rent and the landlord’s legal expenses, including attorney fees.
Understanding and complying with your local laws can significantly impact the outcome of such situations. Therefore, if you are unsure about your legal rights and obligations, it might be wise to consult with a legal professional who specializes in tenant rights.
To summarize, prior to legal action, try to meet with your landlord to discuss the problem calmly and potentially reach a payment plan. If you absolutely cannot pay or if your case is strong, consider taking the legal route. However, weigh the potential risks and consequences of each decision to ensure the best outcome for your situation.