A late payment is not always legal arrears, and the law penalises landlords who try to solve it on their own. This is the orderly route.
1. Talk and document
Many late payments are solved with a payment plan. If you agree one, put it in writing with dates and amounts. Keep every message, receipt and transfer.
2. Know when arrears exist
Under article 51 of the Tenancy Law, a tenant is in arrears when they fail to pay or deposit the rent within eight days after two monthly payments fall due. Before that there is a delay, but not yet the legal ground of arrears.
3. Demand payment in writing
Send a payment demand with the amount owed, the months and the payment account. If you use WhatsApp or email, keep proof of delivery.
4. File for eviction
Once arrears are established, the landlord may sue to end the lease before the competent court (the Tenancy Court where one exists; elsewhere, the relevant civil court). Attach the lease, the receipts and the demand. A lawyer should handle the case.
5. What happens in court
- The first time a tenant is sued for arrears under the same lease, they can halt the case by paying everything owed plus costs before the eviction is carried out (article 68).
- If the judgment orders the tenant to leave, a deadline is set (fifteen days for a home) and, if not met, the judge orders the eviction (articles 61 to 63).
What not to do
- Cut water or power, remove doors, change the locks or remove belongings. The law prohibits and penalises it (articles 28 and 33).
- Hold the tenant's documents or property as security.
How to prevent it
A written lease with an inventory, payments by bank transfer and careful tenant selection prevent most cases. See How to rent fast and choose a good tenant.