When you’re a landlord, missed rent payments are more than an inconvenience — they’re a direct threat to your cash flow, your mortgage obligations, and potentially even your legal standing. If you’re facing a situation where a tenant not paying rent suddenly becomes real, the way you respond in the next few days will determine whether the issue is resolved smoothly or turns into an expensive legal mess.
This guide explains what to do if a tenant refuses to pay rent, how to stay compliant with local landlord-tenant laws, and how to protect yourself from making costly mistakes. We’ll walk through communication strategies, official notices, legal steps, and how to prevent this scenario from happening again with future tenants. Whether you’re dealing with your first non-paying renter or want to tighten your process, this is the roadmap.
Understand Your Lease and Local Laws
First and foremost, your lease should already contain provisions for late payment of rent and ultimately non-payment of rent. If you are using a lease form that you took off the internet, you should make sure that the lease complies with local and state laws and adequately covers late/non-payment of rent as well as other important controls.
Before you take action against a tenant not paying rent, you need to understand two things clearly:
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What the signed lease allows you to do
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What your local landlord-tenant laws require you to do
That combination determines your next legal move. Not your frustration, not emotion, and not even what seems fair.
1. Review the Lease Agreement First
Your lease is the contract that binds both sides. Look for:
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Rent due date and grace period (example: rent due on the 1st, late after the 5th)
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Late fee policy (fixed amount or percentage, capped by state law)
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Approved payment methods
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What qualifies as a breach of contract
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Required notice procedures (example: a three-day notice to pay or quit)
The goal isn’t to trap your tenant but to understand the rules that already govern the situation.
2. Know Your Local Laws
When you’re dealing with a situation like “my tenant is not paying rent,” the rules that determine what you can do next aren’t universal. Eviction timing, notice requirements, late fee rules, and communication standards vary from state to state and sometimes even from city to city. For example:
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Some states require a three-day pay-or-quit notice before you can file for eviction. Others require five, seven, or even ten days.
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Some states cap late fees at a set dollar amount. Others limit them to a percentage of rent.
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Some states prohibit verbal eviction warnings and require official written communication.
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Some cities enforce eviction moratoriums, rent control, or local tenant protection rules.
If you don’t follow the exact legal process, an eviction case can be dismissed, and you may even be forced to pay the tenant’s legal fees.
3. Where to Look for Legal Requirements
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Your state’s official landlord-tenant handbook
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Local housing authority websites
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A real estate attorney in your state (recommended for your first eviction situation)
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Local property managers who already work with tenants in your area
Knowing the law is not optional. It is the only way to act confidently and protect your time, your property, and your income.
First Contact: How to Reach Out to the Tenant
Before sending legal notices or initiating the eviction process, contact the tenant directly. This early communication is essential when you’re unsure what happens if a tenant refuses to pay rent. The goal is to confirm the situation, reduce misunderstanding, and establish a clear record of communication.
Even in cases where the tenant ultimately cannot pay, starting with a calm, businesslike approach can protect your time, reputation, and legal position.
1. Start With a Simple Written Check-In
Send a short, neutral message like:
“Hi [Tenant Name], our records show this month’s rent hasn’t been received yet. Can you confirm whether payment is on the way, or if there’s something we should discuss?”
This maintains a professional tone while allowing the tenant a chance to respond without feeling pressured.
2. Make One Phone Call (Then Move Back to Written Communications)
If there’s no reply within 24 hours, place one phone call to confirm they’ve received your message.
After that call, shift all further communication to writing. Text or email provides a clear and timestamped record, which is essential if the issue progresses toward formal notices or court proceedings.
Some states will not allow the admission of text messages as evidence of notice or communication with tenants. To allow for that, always follow up with an email with the exact same language you used and then to quote back to the tenant any response they have.
3. Identify the Type of Non-Payment
During this initial exchange, try to determine whether:
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The tenant forgot or had a payment issue
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A temporary hardship is affecting their ability to pay
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They are refusing to pay, or already planning to leave
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They have a history of late payments or missed rent
Your next steps depend on which situation you’re dealing with.
4. What Not to Do During First Contact
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Do not threaten eviction or legal action verbally. Doing this will never sit will with any court action. You want to conduct yourself beyond reproach and with no emotion.
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Do not agree to partial payments without written terms. The goal is to collect the rent in the month that it is due. Statistically, tenants the owe more than one months rent rarely are able to catch up and redeem the lease.
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Do not waive late fees or penalties unless formally documented. You should have written policy on waiving any fees, late fee or otherwise, to a tenant for any reason. Failure to have such a written policy can quickly lead to a fair housing claim by the tenant for unequal application of the lease.
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Do not rely on promises made over the phone. Landlords across the country have stories of promises made and never kept. Be very cautious delaying any action on your part without some sort of third party verification of pending monies to the tenant to use for the late rent. Otherwise, proceed with your policy and the lease. There is plenty of time to accept rent late after you start the eviction process.
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It is important to not let your emotions or heartstrings be pulled in this collection process. You are not being hard-hearted or uncaring of their situation. It has been said by many experienced property managers, that “we have not taken them on in this lease to support them”. We are counting on their promise to pay to support the ownership of the property.
The goal of first contact is to gather information and establish professionalism, rather than negotiating or arguing.
5. Document Everything
Record every message, missed payment date, and interaction.
These records protect you if the case reaches court and help prevent claims of illegal eviction, harassment, or verbal agreements.
Key Takeaways
What should I review in the lease before taking action on missed rent?
Review the lease for due dates, grace periods, late fees, and notice procedures. These terms dictate what you can enforce and when.
Do landlord-tenant laws change by local and state laws?
Yes. States and even cities have different rules for eviction notice periods, late fee limits, and required communication. Always verify local laws before taking action.
Is it necessary to contact the tenant before initiating the eviction process?
Yes. A written check-in is considered best practice. It shows professionalism, may resolve the issue quickly, and creates documentation if legal action becomes necessary. In most cases it is legally required to serve written notice of your starting the eviction process.
How soon should I document missed rent and communication?
Immediately. Record payment dates, messages, and calls from the first day rent is late. Good documentation is essential if the issue escalates to court. It is also important that you have a consistently updated ledger of the tenant charges and payments from the first month to the last month.
What is the biggest mistake landlords make when rent isn’t paid?
Taking action based on emotion instead of the lease and the law. Acting too fast, skipping notice requirements, or making verbal agreements can hurt your legal position.
When to Send a Notice to Pay or Quit
If the tenant does not respond, refuses to pay, or makes promises without action, it’s time to move forward with a Notice to Pay or Quit. This is the formal, legal first step in most states toward either collecting payment or beginning the eviction process.
The purpose of the notice is straightforward: to inform the tenant that they must either pay the past-due amount or vacate the property within a specified timeframe.
It also clarifies what happens next, because if they ignore the notice, you now have legal grounds to escalate the situation. Knowing what to do if a tenant refuses to pay rent helps you understand the importance of this stage, since it is often the final opportunity to resolve the issue before starting the eviction.
When to Send the Notice
Send a formal notice when:
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The grace period has passed
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Attempts to contact the tenant have failed
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The tenant has stated they cannot or will not pay
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You have verified the lease and your state laws for proper procedure
Do not delay at this stage. The longer you wait, the more rent you will lose, and the harder it will become to enforce your rights. Also, all the other landlords with delinquent rent will be in line with the court before you, further delaying action.
What the Notice Must Include
A valid Pay or Quit notice typically includes:
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Tenant’s name and property address
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Total amount of rent owed (not including future fees unless allowed by law)
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Exact number of days they have to pay or vacate (based on state law)
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How payment must be made (at this point, only certified funds should be accepted.)
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Your contact information
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A statement that failure to comply will result in legal action as prescribed by your local/state laws.
Some states require the notice to be physically delivered or posted in a specific way, such as taped to the door and mailed. Always follow the exact process required for the property’s location.
State-Specific Rules Matter
Timeframes vary. For example:
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California: 3 business days to pay or quit
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Texas: 3 days unless the lease specifies otherwise
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Florida: 3 days, not including weekends or holidays
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New York: 14-day rent demand notice before filing eviction
- Every state and locality can be different. You must know the law!
If the notice is not delivered exactly as required, the court can dismiss your case, costing you more time and more unpaid rent.
What Happens After the Notice
There are only three possibilities:
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The tenant pays in full
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The tenant leaves voluntarily
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The tenant ignores the notice, and you proceed with the eviction filing
If payment is made, ensure you confirm it in writing and update your records accordingly. If they vacate, perform a move-out inspection, and pursue any unpaid balance legally if needed. If they do nothing, the next step is to file with your local eviction court personally or through a real estate attorney that specializes in landlord-tenant laws in your area.
Should You Accept Partial Rent or a Payment Plan?
Once a tenant falls behind, they may offer to pay part of the rent now and the rest later. This is one of the most important decisions you’ll make because how you respond can affect your ability to evict, collect, or enforce your lease later.
If you’re unsure what to do if a tenant refuses to pay rent in full, keep in mind that accepting partial payments may reset the legal timeline in some states and delay your ability to move forward with eviction.
When Partial Rent Can Make Sense
You may consider accepting partial rent if:
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The tenant has a strong, long-term payment history
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This is the first time they’ve fallen behind
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They can clearly show how and when the rest will be paid
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You document everything in writing and protect your legal rights
- The amount they are offering is substantial. 50-75% of the past due amount plus fees at a minimum is recommended.
Partial payments are not generosity. They are a business decision based on how likely you are to receive full payment soon.
When to Say No to Partial Rent
Do not accept partial payment if:
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The tenant has a pattern of late payments
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They cannot explain how they will catch up
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They refuse to sign a repayment agreement
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You have already sent a Pay or Quit notice and do not want to restart the legal timeline
Accepting partial rent can reset eviction proceedings in some states. Even a small amount will void what you have done and that means the eviction clock starts over, and you lose valuable time.
If You Do Accept Partial Rent
Protect yourself with a written agreement that includes:
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Total amount owed
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Exact payment amounts and dates to pay off the balance. It is recommended that all rent and fees should be paid in the month it is due.
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A statement that accepting partial rent does not waive your right to pursue legal action if the balance is not paid
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Signatures from both parties
Never accept a verbal promise. If the tenant violates the agreement, you need documentation to move forward legally.
Payment Plans Should Be a Last Resort
A payment plan is not a viable solution for tenants who cannot afford the unit in the long term.
If their income is too low to sustain rent consistently, extending the timeline only delays a larger, more expensive problem. If a tenant refuses to pay rent because they simply cannot afford the property, no agreement or repayment schedule will fix the core issue: the tenancy is no longer financially viable.
Ask yourself:
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Does the tenant have a stable source of income?
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Can they pay both current rent and back rent at the same time?
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Does this help me move forward, or delay the inevitable?
If the answer is unclear, proceed with legal steps.
Key Takeaways
When should you send a Pay or Quit notice to a tenant?
After the rent grace period has passed and the tenant has neither responded nor paid.It’s the first legal step before filing for eviction.
What needs to be in a Pay or Quit notice?
The tenant’s name, amount owed, payment deadline, instructions for paying, and a warning that legal action will follow if they do not comply.
What happens after a Pay or Quit notice is sent?
The tenant either pays, moves out, or ignores the notice. If they ignore it, you can file for eviction.
Should landlords accept partial rent payments?
Only if it won’t restart the eviction timeline in your state. Always use a written agreement when accepting partial payment.
Are rent payment plans a good idea for non-paying tenants?
Only when the tenant has reliable income and can realistically catch up. Otherwise, they often delay eviction and increase losses.
When to File for Eviction
If your tenant has ignored your notice to pay or quit, refused to communicate, or failed to honor a payment agreement, it is time to move forward with eviction. Filing for eviction is not personal.
It is a legal process to regain possession of your property, allowing you to stop the financial damage caused by a renter not paying rent and re-rent the unit.
Signs It’s Time to File
You should proceed with eviction when:
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The notice period has expired without payment
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The tenant has stopped responding entirely
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The tenant is hostile or uncooperative
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The debt is growing and repayment is not realistic
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You want to prevent more months of unpaid rent
The longer you wait, the more money you lose. Even tenants with good excuses cannot stay indefinitely without payment.
How to File for Eviction
You will need to:
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Gather your documentation
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Lease agreement
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Payment history and ledger
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Records of communication
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Copy of the notice to pay or quit
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File a complaint with the local court or online portal (varies by state) or engage an attorney specializing in evictions to handle it for you (always recommended for first time evictions).
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Pay the required filing fee
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Serve the eviction papers through a legal process server or sheriff. Typically, a private process server that has standing with the court will most always deliver faster than the sheriff’s office.
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Attend the court hearing (or have an attorney represent you)
If the court approves the eviction, you will receive a judgment for possession and often can receive a judgment for the unpaid rent amount.
Don’t Change Locks or Shut Off Utilities Yourself
Shutting off utilities, removing doors, or changing locks before the eviction judgment is illegal and could result in fines or lawsuits. Even if the tenant is clearly at fault, landlords must follow the legal process precisely.
When to Use an Attorney
You should strongly consider hiring an eviction attorney if:
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This is your first eviction
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Your state has complex tenant protection laws
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The tenant has hired a lawyer
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You are evicting a Section 8 tenant
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You do not have time to attend hearings or manage the paperwork
The right attorney can shorten the eviction timeline and prevent costly mistakes.
Avoiding Future Non-Payment Situations
While no screening method is perfect, there are proven ways to to significantly reduce the likelihood of future rent issues. Strong systems are your best defense.
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Screen tenants carefully. Verify income, rental history, credit, and employer information. Always call past landlords to confirm payment patterns and behavior.
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Require automatic rent payments. Offering ACH or online rent portals reduces missed payments caused by forgetfulness or manual transfers.
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Build communication habits early. Tenants who trust that you are responsive are more likely to reach out before issues escalate.
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Include firm lease language. Spell out due dates, late fees, notice requirements, and consequences for non-payment. Clarity reduces the chance of disputes later.
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Maintain a reserve fund. Even with strong screening, unexpected vacancies and evictions happen. A well-funded reserve protects your cash flow and peace of mind.
A single experience with non-payment does not define your rental business. What matters is building smarter processes with every lease.
Key Takeaways
When should a landlord file for eviction?
You should file when the tenant has ignored the pay-or-quit notice, stopped communicating, or fallen too far behind on rent to realistically catch up.
Do landlords need a lawyer to file for eviction?
Not always, but hiring an attorney is recommended for first-time evictions, Section 8 tenancies, or in states with strict tenant protection laws.
Is it legal to change the locks or shut off utilities before eviction?
No. Lockouts, utility shutoffs, and self-evictions are illegal in every state and can result in fines or lawsuits.
How long does the eviction process take?
It varies by state, but most evictions take anywhere from 2 to 8 weeks, depending on court scheduling, tenant response, and local laws.
How can landlords prevent future non-payment issues?
Screen tenants thoroughly, require automatic payments, include firm lease terms, maintain open communication, and reserve funds for unexpected issues.
In Conclusion
A tenant not paying rent can be stressful, but it doesn’t need to spiral into chaos or anger.The key is to stay calm, keep records, and follow the legal steps in the correct order. Communication comes first. Notices and documentation come next. Only after those fail should eviction take place.
Retaliation, emotional reactions, and ignoring proper procedures can result in significant costs, including time, money, and legal repercussions. Professionalism protects your business, your property, and your long-term success as a landlord.
With the right systems and a proactive approach, most rent issues can be avoided, and when they do happen, you will know exactly how to respond.
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