When a tenant stops paying rent, it’s more than just a temporary loss of income for landlords. Unpaid rent can make it difficult to cover mortgage payments, property taxes, insurance and maintenance expenses. If the tenant continues to occupy the property without paying, the financial impact can grow with each passing month.
Fortunately, landlords have legal options for addressing unpaid rent. Understanding landlord-tenant laws can help property owners protect their investments and avoid mistakes that could expose them to legal liability.
Protecting your property and your rights
When a tenant misses a rent payment, your first step should be to review the lease agreement and confirm the amount owed. Even if you’re familiar with the agreement’s wording, verify the rent due date, payment requirements, late-fee provisions and terms addressing nonpayment.
Landlords must follow notice requirements before pursuing eviction. Hardin County follows Kentucky’s statutes for rental properties. Unless the lease agreement states otherwise, landlords must give the tenant 30 days’ notice to terminate the tenancy. The notice can be sent by certified mail or hand-delivered by either the landlord or the Sheriff’s Office. Keep a copy of the notice and documentation showing when and how it was delivered.
If the tenant doesn’t pay the outstanding rent or leave the property by the deadline, the landlord can begin the eviction process, known as a forcible detainer action.
When a tenant continues to occupy a property without paying, frustration is understandable. However, trying to force the tenant out without following the applicable legal process can lead the tenant to take legal action against the landlord.
Instead, speak with a legal professional who can review the rental agreement, explain the applicable notice requirements, prepare or review notices and help determine whether pursuing eviction is appropriate. If court proceedings become necessary, they can also help you prepare evidence and protect your rights as a landlord.