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First Steps Landlords Can Take When a Tenant is Not Paying Rent

October 9, 2020
First Steps Landlords Can Take When a Tenant is Not Paying Rent - Article Banner

Late or missing rental payments are always difficult for landlords, and it’s something that every rental property owner fears. To effectively earn money and have a pleasant and stress-free rental experience, you need to know that your rent will come in on time. Proper tenant screening is always a good way to prevent late rent payments, but even good tenants can fall behind once in a while. During the ongoing COVID pandemic, rent collection has been even more uncertain. 


When your tenant isn’t paying rent, do your best to keep the lines of communication open. Eviction is a worst-case-scenario and rarely works out well for anyone. Try these rent collection tips, and contact a Las Cruces property manager if you’re still having trouble getting your tenants to pay on time.


Communicate Openly and Transparently


When tenants are late with rent, they tend to avoid their landlords. Make sure you create a relationship where they’re willing to talk to you. If rent is going to be late, you’re better off hearing about it before the first of the month. All late fees should still apply, but you want your tenants to feel comfortable communicating with you if there’s a problem. 


Reach out to your tenant if the rent is late and try and find out what the problem is. Be professional and kind. Usually, you can rectify the issue, especially if it’s an otherwise good tenant. If your tenants are willing to talk to you about what’s going on, you’re more likely to reach a resolution. 


Good communication, solid and consistent policies, and an understanding of leasing and landlord/tenant laws will help you collect rent on time every month. If you’d like some help, please don’t hesitate to contact us at Century 21 Haggerty. 


Serve a Notice to Vacate 


The next step is to provide your tenants with a Three Day Notice to Vacate. You cannot go to the court to file for eviction without serving this notice first. It essentially notifies the tenant that rent has to be paid in three business days, or they need to move out. With the service of this notice, the tenants are informed that you will begin the formal eviction process if they refuse to pay or move out. 


The best way to serve this notice is in-person. If you can, knock on the door and serve the notice to the tenant or any adult who answers. If you cannot reach anyone, tape it to the inside of the main door or send it via certified mail. You’ll want to document that this notice was served, because you may need it in court. 


File for Eviction in Court 


If you’re not getting anywhere with your tenants and rent still has not been paid, you’ll have to move forward and file a court notice. Visit the local courthouse in the precinct where your rental property is located. There, you can fill out the paperwork and pay the fee to get the eviction scheduled with the county clerk. Then, the constable will serve the tenant a summons and a court hearing will be set. 


Talk to Your Tenants about Credit

Talk to Your Tenants

An eviction is going to be extremely damaging for your tenants. Make sure they understand that not only will their credit be affected, they’ll likely have trouble renting again in the future. Most landlords and nearly all property managers will deny any rental application that has a recent eviction on it. 



Do everything you can to work something out and avoid eviction. This is especially important now, when the courts are backed up after an eviction moratorium during the pandemic. Consider allowing your tenants to break their lease and leave the property before the end of the term. Work out payment arrangements if you can. 



When your tenant won’t work with you or even answer your calls, the only option left is to file for formal eviction. In this case, we recommend you get some help from an attorney or a Las Cruces property management company. Contact us for assistance at Century 21 Haggerty.

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