Tenants who delay their rent are a very serious problem for all homeowners. Going to court to recover the rent can be a lengthy process. That is why we have listed below some ways to politely collect rent arrears from the tenant, going to court as a last resort.
Charge late rent – Follow the 6 steps listed below firmly, politely and assertively.
1) FIRST DAY OF DELAY: Little push.
On the first day of delay, send a simple, friendly and direct email, reminding the renter about the payment of the rent. Include a payment slip or invoice in the email with the amount to be paid for easy access.
At this stage, the reason for the delay in payment is not yet known, therefore, it is necessary that the communication is positive and informal.
“João, I noticed that the payment of the rent has not yet been confirmed. If the payment has already been made, send us the receipt so that it is recognized. If you have any questions, let us know! ”
2) THIRD DAY OF DELAY: Assertive E-mail.
The previous email has not been answered and you still have no payment notice. Now, a firm, short email is ideal. Suggest a phone conversation and try to understand the reason for the delay and propose ways to solve the problem.
“Hi João, since I didn’t get a reply from the last email, I would like to talk to you and understand what’s going on. What is the best time? ”
3) A WEEK OF DELAY: Remind the renter of the interest.
After a week with no response and no payment, remind the tenant that there is a current lease agreement and that it includes the collection of fines and interest in case of delay. It may motivate the landlord to make the payment.
Stay firm and direct, without threats or accusations.
“João, unfortunately I was unable to talk to you about the non-payment of the rent. I hope everything is fine with you.
According to our rental agreement, starting on the 20th you will have to pay interest and a fine on the rental amount. Please contact us as soon as possible so that we can conclude this issue”.
4) SECOND WEEK OF DELAY: Written notice
This step is out-of-court notification. It is always recommended in cases of non-payment on the lease, as in addition to informing the tenant about their late payments, these notices can also be used as a means of proving the situation in court.
The written notice tells you the payment deadline and the use of language is formal.
Template for Charging Late Rent
City – 20th of June 20XX
Ref.: Rental Agreement – Failure to pay.
For the purposes of this term, for the purposes of art. 726 of the Civil Procedure Code and Law 8.245 / 91, NOTIFICO Vs. Sas, stating the following:
A lease agreement was signed for the property located at Rua XXXXX, nº XXXX, casa 03, (neighborhood, municipality and state) , whose rental amount is R $ 700.00 (seven hundred thousand) and must be paid on the 10th of each month.
However, until now the rent for the month of XXXX of 20XX has not been paid. It should be noted that, according to the contract, the updated debit amount is R $ 721.00 (seven hundred and twenty one reais), where I now propose the immediate payment.
Therefore, respecting the legislation in force, we request that within
72 (SEVENTY AND TWO) HOURS,
counting from the date of receipt of this gift, v. Sas. Express themselves, expressly, adopting the necessary measures for this. At the end of the stipulated period without the statement of Vs. Sas. I will be free to adopt the appropriate legal measures to resolve the issue.
Certain of your understanding and goodwill, I place myself at your disposal for whatever is necessary
5) PROTEST RENTAL AGREEMENT IN NOTICE
In this step, the notary is responsible for collecting the payment in arrears. The tenant is summoned to pay the debt and after receiving the summons he has three days to pay. If payment is not made, the protest is effective. This means that the lessor will have credit restrictions and financial impediments.
6) ENTER JUSTICE
Having exhausted all possibilities of consensual agreement, the last step is to file an eviction action. After all, you have every right to collect rent arrears.
The first time the lessee is sued in cases of non-payment of rent, he will have a period of 15 days to pay the amount due. If the eviction action is judged to be well founded, the period for eviction is usually 30 days.
If you have doubts about how it works for the rental vacancy request, check out this blog post.
How many months of rental delay for eviction?
With a day late in renting, the landlord can file an eviction. After being quoted, the debtor has 15 days to pay the arrears. If this does not happen, as soon as the judge deems the eviction proceeding, the tenant will have 30 days to leave.