What If My Landlord Is Taking Me To Court For Unpaid Rent?

Here’s the thing: sometimes, it’s hard to pay rent on time. Life has many plot twists, including expensive medical bills and surprise expenses. You might be forced to spend on other pertinent things over rent. However, missing rent payments might lead you to the district court.

We’ll discuss rent escrow and tactics you can use to avoid court costs. We’ll also talk about how the pay rent case should pan out if it escalates to that level.

Can You Be Sued For Being Past Your Due Date?

Yes, Your landlord can file a court case against you if you don’t pay your month’s rent on time. Your lease agreement outlines all the rent terms you should familiarize yourself with, including security deposit and monthly payment schedules.

What Landlords Can Do For Unpaid Rent

You won’t be advised of a court date right off the bat if you owe rent. The landlord must follow proper protocol if a tenant fails to pay on time.

Provide a Written Notice You’re Past Your Due Date

Before you get sued, you’ll be given a written notice advising that you failed to make payment on time. This notice will advise you of late fees and other pertinent details you should be aware of. You may request a rent escrow action to help avoid eviction papers.

Begin the Eviction Process with a Notice

Your rental agreement details the allowance you’re provided before the landlord can legally take you to court with eviction papers. In most cases, the written notice would give you a month or thirty days to vacate the property. You should refer to your state laws if you have a month-to-month lease. Select states permit the landlord to give you a shorter allowance to leave the property.

Analyze Your Lease Agreement

Your lease agreement should detail how much time you’re provided before you’re formally summoned to court. The landlord must’ve formalized the process, including what would happen to the security deposit paid if you missed a payment.

What’s in Your Lease Agreement?

Attorney fees and an eviction record might make it challenging for you to find a new place to rent. If your landlord wins the case, you might have to spend more money than expected, which can cause a lot of stress.

If you’re past due rent or you think you might miss paying rent on time, it would be best to refer to your rental agreement. Your contract should be written and notarized for it to be legally binding. While some states allow verbal agreements, a written agreement provides more guidance and protection, especially if late payments escalate to a court hearing.

If your rent is due and you have trouble making payment, you should notify your landlord. It would be better to be proactive in these situations to prevent it from escalating to court.

How the Eviction Process Should Happen

Landlords must follow proper protocol when evicting someone due to unpaid rent. You shouldn’t be summoned to a small claims court right away if you owe rent.

If you fail to make payment on time, the first step is for the landlord to furnish you a written notice of eviction. This document details how much time you’re given to leave the premises. You’re usually given 30 days to leave the property, but the leeway may be shorter if you have month-to-month lease agreements.

If you follow the protocol detailed in your eviction notice, you should avoid legal trouble. But what if you don’t leave within the allotted allowance? You should tell your landlord if you need more time to leave the house or apartment.

Once you leave the property, you should be reimbursed your security deposit. Your unpaid rent and other expenses, which should’ve been detailed, will be deducted from this amount. If you don’t pay rent on time, you shouldn’t expect the entire deposit to be returned.

What Happens When a Landlord Takes You to Court

If you’ve been taken to court for unpaid rent and failure to vacate the property within the allotted period, you should expect the following:

Steps in the Legal Process

You should be given an eviction notice or demand letter before being taken to court. This serves as your final warning before the landlord can legally take action on this matter.

If you fail to abide by the demands in the notice, the landlord can file a lawsuit in a civil or small claims court. You’ll know that your landlord has formally started the eviction hearing when you get a “Summons and Complaint” document.

You may file a response to this document and file it with the court. Your response would help the court get your side of the story. The complaint should detail the steps to formally do this.

After that, the court or landlord should provide you with the court date. If you don’t resolve the issue with your landlord before the court date, you’ll be legally required to attend the court case. You may sign an agreement with the landlord in court.

However, if you don’t settle on an agreement, you will go to trial. It’s up to the judge to decide what happens next.

Court Hearing

The court hearing is an opportunity for both sides to state their case, and defend themselves from the accusations made by the other party. As a tenant, a court hearing can be an opportunity to clarify your reasons for missed payment. The court will then decide the verdict.

Possible Outcomes

If the judge rules in favor of the landlord, you’ll be given an execution order. This gives the landlord permission to evict you with a sheriff’s help. You’ll have ten days to appeal the decision.

The sheriff will give you a two-day notice, which excludes holidays and weekends before they formally remove you and your belongings from the property. You can file a motion to delay the execution for more time to leave the property.

The court may decide on a repayment plan for you to pay off your debt. In some cases, the case may be dismissed.

Tenant Rights and Options

Court costs will drive your overall expenses so your best option is to negotiate a plan for rent payments. You can arrange for a repayment plan within your means and that would satisfy the landlord.

As mentioned, you’re given the option to challenge or appeal the court’s decision. It’s within your rights to question the decision, especially if it doesn’t seem just. The best thing to do is to seek legal help. An experienced attorney would be able to give you sound legal advice to best navigate this situation.

Special Protections for Service Members

The Servicemembers Civil Relief Act (SCRA) prevents landlords from evicting active duty service members because of unpaid rent. This federal law allows an eligible person to delay the eviction proceedings for at least three months. This protection applies to active duty service members and their dependents.

However, the SCRA only covers eviction due to unpaid rent. A material breach of the rental agreement permits the landlord to push through with eviction proceedings.

How to Defend Against Landlords for Unpaid Rent

If you have trouble making payment, here are some practical tips to consider:

1. Negotiate with the landlord as soon as you can: Don’t wait for a court date to discuss with your landlord. You should try to come up with a compromise to avoid the legal trouble.
2. Talk to the landlord kindly: If you’re trying to prevent from this escalating to a district or small claims court, you shouldn’t be demanding or rude with your landlord. You should be transparent with your situation and lead with kindness.
3. Seek legal counsel: If push comes to shove, you should ask for legal help to best navigate this situation. It would be ideal to be prepared for these types of situations.
4. Ask for SCRA protections if possible: If you’re a service member, you should proactively seek SCRA protections. You can spare yourself from stress if you activate your SCRA rights.

Conclusion

There are options you can consider when you’re being sued for unpaid rent. Understanding the rules and options available can save you from further debt. If you’re a service member, you should activate your SCRA rights. SCRACVS can help you get the proof you need to formally request this. Open an account today to get started.

FAQs

Can you sue a former tenant for unpaid rent?

Yes, if the security deposit doesn’t cover the unpaid rent, the landlord can file a complaint at a small claims court. It depends on the amount the former tenant owes.

What happens if you don’t pay rent on time?

You risk getting evicted if you don’t pay rent on time. The worst case scenario is that you get summoned to court and get removed from the property by a sheriff.

Can you renegotiate your lease agreement?

Yes. You can discuss flexible terms with your landlord. It would be best to be proactive with this because there’s a slim chance your landlord would bring this option up with you.

What should I do if I receive a court summons for unpaid rent?

You need a lawyer who specializes in eviction cases to determine the best action moving forward. It would be better to be prepared to avoid the worst-case scenario.

Can I take legal action against my landlord if they are not following the correct eviction process?

Yes, you can file a civil complaint if your landlord evicts you in an illegal manner. You may be granted some sort of compensation if your rights are violated.

Can I stop an eviction by paying off my rent arrears?

Yes, you’re given a small window to make payment before a court date is set. It would be ideal to settle payment before it escalates to legal proceedings.

Can I get legal aid if my landlord takes me to court?

The court can assign you legal aid, but there are organizations that offer free legal help. You should seek different options within your means for the best defense.