Here's What Happens When You Don't Pay Your Rent
KEY POINTS
- When you don't pay your rent, your landlord has the right to evict you.
- Your landlord will have to go through the proper channels to pursue an eviction, and you should know what rights you have.
It's important to crunch your numbers carefully before signing a lease on a home, just as it's important to figure out how large of a mortgage loan you can afford before buying one. That's because falling behind on your housing payments could have serious consequences.
If you buy a home and fall behind on your mortgage payments, you could face foreclosure. Similarly, if you rent a home and fall behind on your rent payments, you could face eviction. And that's not something you want.
When you don't pay when you're supposed to
When you sign a rental contract, you're locked into a binding agreement that requires you to pay your rent at a certain time each month. If you don't pay your rent, you could face eviction. It's as simple as that.
Now this isn't to say that you'll face eviction for missing one rent payment, or being late a couple of times. But if you consistently fail to pay your rent, it's conceivable that your landlord will aim to evict you unless you agree to move out on your own.
However, there's a process landlords need to follow when it comes to evicting tenants. And it's important to know your rights in that situation.
Nolo says that for a landlord to evict you, they first need to serve you with a notice telling you that you must pay past-due rent within a certain period of time (often, a few days) or otherwise agree to move out. If you fail to pay your rent within the specified time frame, your landlord has the right to pursue an eviction by filing a notice in court.
From there, you'll be given a hearing date where a judge will rule on whether your landlord can evict you. If you don't show up to that hearing, there's a good chance that eviction will get approved.
Once that happens, you'll be given a date by which you must vacate your home. If you don't adhere to that date, your landlord may have the right to enlist the help of law enforcement to remove you and your belongings from their property.
Don't get to the point of being evicted
Landlords generally do not enjoy evicting tenants. It can be a lengthy, time-consuming process that's painful for everyone involved. That's why it's best to have a conversation with your landlord if your financial situation has worsened and you're no longer able to pay your rent.
In some cases, your landlord might agree to reduced payments for a period of time if you can't swing your rent in full. They may also agree to pause your rent payments for a few months if you're in the midst of a temporary hardship -- for example, you lost your job and you're in the process of trying to find another.
But all told, as a tenant, you're required to pay rent. And your landlord has a right to collect it in exchange for putting a roof over your head. If you're unable to pay your rent, you may want to agree to move out on your own terms rather than let things reach the point where your landlord has no choice but to evict you.
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