What to Do When Tenants Don’t Pay Rent

By Sue Richey

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How do you handle a tenant who treats “rent due” like a mere suggestion? If you’re a landlord, sooner or later, you will face the frustrating situation of a tenant who fails to pay rent on time, but don’t worry. I will guide you through three crucial steps when a tenant falls behind on payments:

1. Provide a notice of non-payment. If a tenant misses a rent payment, the first step is to send them a friendly reminder. Before doing this, it’s a good idea to double-check your records to make sure the rent wasn’t paid through a different method that might have been missed. Once you’re sure the payment is still outstanding, send a letter to the tenant that clearly states the amount due, including any late fees or penalties. It’s also helpful to explain what could happen if the rent isn’t paid, such as the possibility of eviction, so they understand the importance of resolving the issue promptly.

2. Issue a pay-or-quit notice. If the tenant still hasn’t paid, the next step is to issue a pay-or-quit notice. In Virginia, this generally gives the tenant five days to pay the overdue rent or move out. While you can send this notice right after the rent is late, starting with a friendly reminder is often more effective. If there’s no response or payment after the initial reminder, you can proceed with the 5-day pay-or-quit notice. Make sure to keep detailed records of everything, including when and how you deliver each notice, to ensure clear communication and documentation.

In Virginia, you can provide this notice by certified mail or, more efficiently, through the sheriff’s office. The sheriff will post the notice and provide you with confirmation and essential documentation if you end up in court.

3. Consider legal action. If the tenant doesn’t respond to the pay-or-quit notice, you may need to consider taking legal action, such as beginning the eviction process. Remember that eviction laws can differ depending on your location, so it’s essential to be familiar with the specific rules in your area. Hiring an attorney specializing in evictions can be very helpful—they can guide you through the process, represent you in court, and help make things move more smoothly. This way, you can regain possession of your property more quickly and reduce potential losses.

In Virginia, the eviction process typically starts with filing for a summons for unlawful detainer, which notifies the tenant that they must appear in court. If the court sides with the landlord, you can apply for a writ of possession, which starts the formal eviction process.

Staying calm and following these steps carefully is essential to ensure you handle everything legally and correctly. Some tenants might try to “play the game” by paying just enough to stay in the property longer, making the process more stressful for you. That’s when consulting with an attorney or property management expert, can help expedite the process and protect your investment.

If you’re a landlord in Virginia and need more detailed information, contact me at (703) 471-4800. I know this can be stressful, but taking the proper steps will help you regain control of your property and get back on track.