Landlord Rights in the Nonpayment of Rent

Most landlords rely on timely rent payments from their tenants. When tenants fall behind on their rent, their landlord may experience financial difficulties of his own. State laws vary on landlord rights when a tenant doesn't pay her rent, but all provide for a landlord's right to evict a tenant who refuses or is unable to meet her financial obligations.

Late Fees

State landlord-tenant laws allow landlords to charge a fee if a tenant is late with the rent. The law may require the landlord to state the amount of the late fee in the tenant's lease or rental agreement. The rental agreement usually must also contain a statement about whether the tenant has a grace period for paying rent late without having to pay the fee as well as any extra charges for checks returned by the bank.

Eviction

If a tenant fails to pay rent on time, many states allow a landlord to begin eviction proceedings. In most states, this involves giving a tenant a "pay or quit" notice, which tells the tenant that she has a certain amount of time to pay the rent in full, along with the late fee, before the landlord goes to court. If the tenant is repeatedly late on rent, some states allow the landlord to give the tenant an "unconditional quit" notice. The "unconditional quit" notice doesn't give the tenant the option of paying rent to stay: She must leave within the time frame stated on the note or face a legal eviction.

Damages

If a tenant fails to pay rent or illegally terminates a lease by moving out and not fulfilling the rest of the lease agreement, a landlord can sue the tenant for unpaid rent. Depending on state law, a landlord may be able to ask the judge to award a monetary judgment at the same time the judge orders the eviction. However, some states require a separate hearing to settle financial matters between a landlord and an evicted tenant.

Prohibited Acts

No matter how frustrated a landlord gets, she should never attempt to force a non-paying tenant out of his home by turning off the utilities or changing the door locks without a court order. This behavior is illegal in almost all states and can result in severe legal and financial consequences for the landlord. In some states, landlords must also be careful about accepting partial rent payments. If a landlord accepts part of a month's rent without a written agreement from the tenant that the partial rent payment won't delay an eviction, she may not be able to file for an eviction until the tenant is another month behind on rent.

References

• Nolo: How Evictions Work: The Rules for Landlords and Property Managers
• Nolo: Don't Lock Out or Freeze Out a Tenant--It's Illegal
• Ilinois Legal Aid: Can I Accept Partial Rent Payment from My Tenant and Still Evict Them?
• Philadelphia Weekly: Partial Rent Payments Spell Trouble
• Nolo: Ten Terms to Include in Your Lease or Rental Agreement