A Tenant Does not pay rent. What next can a Landlord do?

Rent payments are the lifeblood of any rental arrangement. But what happens when a tenant fails to pay? Do landlords simply wait and hope for the best? Fortunately, the law provides several ways for landlords to recover their money and protect their property. Here’s what you need to know.

1. Late Payment Penalties – The First Line of Defense

Most lease agreements include a clause imposing penalties on tenants who delay rent payments. These penalties serve as a deterrent, encouraging timely payments while compensating landlords for the inconvenience caused by delays.

2. Distress for Rent – When the Landlord Takes Action

If a tenant stops paying altogether, landlords have the right to levy distress for rent. This means seizing the tenant’s goods within the premises—without going to court—to recover the unpaid rent. However, landlords cannot take just anything. The Distress for Rent Act prohibits the seizure of essential items such as tools of trade, perishable goods, personal clothing, bedding, and even pets.

Once the landlord seizes goods, the tenant has 14 days to clear their arrears, plus any costs incurred. If they fail to do so, the landlord is free to auction the goods to recover their losses.

3. Forfeiture of Lease – Cutting Ties with Defaulting Tenants

When a tenant consistently defaults on rent, landlords can invoke forfeiture of lease—essentially terminating the rental agreement and taking back possession of the property. However, this isn’t an overnight process. The landlord must first issue a Notice of Forfeiture, giving the tenant at least 30 days to pay up before further action can be taken.

4. Civil Action – The Legal Route to Recovering Rent Arrears

If a tenant moves out without clearing their arrears, landlords can file a civil case to recover the unpaid rent. While this method takes time, it is useful when there’s no longer an option to recover rent through direct means.

Prevention Is Better Than Cure

While these legal remedies exist, landlords are always better off preventing rent defaults in the first place. Screening tenants, setting clear lease terms, and maintaining open communication can reduce the chances of disputes arising. But when things go south, knowing your legal rights can make all the difference.