What To Do If My Landlord Is Taking Me to Court for Unpaid Rent?

Let’s face it: sometimes, it can be challenging to pay rent on time. Life throws rigid curve balls, like exuberant medical bills or unexpected expenses. You might be forced to prioritize these costs over your rent payments. However, the consequences of not paying rent can be severe if the case ends up in court.

So, what happens if a tenant fails to pay rent on time? We’ll discuss rent escrow and how to handle pay-rent cases correctly. This will give you a better idea of how to handle court costs and the like.

Is it legal to be sued because you’re past the due rent date?

Yes, your landlord can summon you to a court hearing if you fail to pay rent on time. Your lease agreement details your responsibilities as a tenant, including paying rent according to an agreed-upon schedule.

Initial Steps Taken by Landlords

You won’t get taken to a small claims court immediately. If you fail to pay rent on time, you can expect the following steps:

1. Get a notice to pay rent or quit: Before you get sued, you will most probably be notified of your delay and subject to paying late fees. A proper notice is required to provide you with some guidance. You may suggest a rent escrow action to facilitate this process and ensure you don’t get evicted immediately.
2. You get a written notice of eviction: Your rent agreement details limits you’re provided before you’re served with eviction papers. In most cases, the landlord requests you leave the property about a month or 30 days after receiving the written notice. Regarding a month-to-month lease agreement, select states permit a shorter period for the tenant to vacate the premises.
3. Analyze your rent agreement: Your rental agreement details the period you’re allowed before getting summoned to a circuit court. In select cases, the hearing might escalate to the district court. The landlord must have specified these details for your reference.

Understanding Your Lease Agreement

Court records and attorney fees might make it challenging for you to proceed with the actual eviction and find a new property. If a landlord wins the case, you might be liable to pay extra fees that can set you back for an extended period.

If you’re past due rent, you should refer to your rental agreement. This legal document should be written and notarized to ensure you understand what you’re getting into. It details your rent payment schedules and what might happen if you don’t pay rent on time. If you need more time for rent payments, notify your landlord before your rent due date to avoid issues.

While the rental agreement is legally binding, your landlord might be flexible in giving you some leeway. However, you must be proactive in discussing your unpaid rent situation. You can’t expect your landlord to provide an automatic payment extension.

Following the Proper Eviction Process

You shouldn’t be summoned to a circuit court immediately for a pay rent case. While you may be called to a small claims court in the future, this is not the first step of an eviction process.

The first step is to receive a written notice of your eviction. While your landlord can notify you verbally, you need a written document that details the process. It would help if you were given enough lead time to vacate the premises.

In most cases, you’re given about a month or 30 days to leave the property. However, if you have a month-to-month lease, the process is shorter.

If you follow the terms of the written notice, you should be able to leave the property without any legal repercussions. But what if you can’t leave the apartment or house on time? You should notify your landlord if you need more time to vacate the premises because of certain circumstances.

Once you leave the rental unit, you should be returned your remaining security deposit. Your unpaid rent and other expenses may have been deducted from this amount. That’s why you shouldn’t expect the total amount if you have an ongoing pay rent case.

You should also be given an itemized list of the items you’ve left on the property. The items should be properly stored for you to collect them. The notice should also declare your deadline for collecting your possessions. You forfeit them forever if you don’t collect them past the indicated due date.

If you don’t vacate the premises within the allotted period and have not been given an extension, you might be taken to court for unpaid rent. You should avoid this as much as possible because court costs can further worsen your financial situation.

The costs depend whether you’re summoned to a small claims court or another type of court. Aside from late fees, you can expect extra expenses as mandated by the judge. It would be wise to avoid this scenario because it can be expensive.

Can You Still Get Your Security Deposit?

If you have unpaid rent, you might have to forfeit your security deposit, especially if you owe more than a month’s rent. Your security deposit is meant for unpaid rent and repairs made after you’ve vacated the premises. There might also be unpaid utility bills that could lessen the amount you get in return.

Hence, you should be prepared not to receive your security deposit. However, your landlord should itemize the deductions and prove why they needed to take some of your deposit. They can’t take your money out of spite.

Special Protections for Service Members

In most cases, unpaid rent is a legal reason to get evicted or even taken to court. However, active-duty military personnel are provided legal protections against eviction.

The Servicemembers Civil Relief Act (SCRA) permits active-duty military members to delay eviction cases for at least three months. This protection only applies to those who can’t pay rent on time because of their active duty service. The court may even grant an extension if the judge deems it so.

The eviction process can only proceed if the landlord secures a court order. On the other hand, the tenant must prove they’re eligible for SCRA rights. They’re not automatically given to all service members.

How to Defend Against Landlords for Unpaid Rent?

Making rent payments is crucial to avoid legal issues. However, unforeseen circumstances can sometimes hinder your ability to make timely payments.

Here are some handy tips to help you through this process:

1. Negotiate with your landlord as soon as possible: You should communicate with your landlord if you think you won’t have the means to make timely payments. While the rental agreement is legally binding, your landlord might be flexible enough to help you make payments within your current capacity.
2. Lead with kindness: As much as possible, you should communicate with your landlord humbly. If you lead with kindness, they might be more forgiving. You shouldn’t be too aggressive or demanding.
3. Seek legal help: If you have an unpaid rent case and want to avoid the worst-case scenario, you should ask for legal assistance. There are free and paid resources that can help you navigate the process and understand your tenant’s rights.
4. Show military status if you’re a service member: Military members on active duty are provided SCRA protections. However, you need to prove you’re on active duty. Services like SCRACVS can help you obtain the evidence you need to delay eviction proceedings.

Is it possible to negotiate with my landlord before the court date?

Yes, while your lease agreement is legally binding, you should try negotiating with your landlord. While there’s no guarantee they might agree to your requests, you should at least try to lessen the expenses.

Conclusion

While your landlord may take you to court if you’re past due rent, there are rules to be followed. You can be provided more time to make payments if you’re an active duty service member. However, you need evidence of active duty service. SCRACVS can help you get the proof you need. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

How much can I sue my landlord for emotional distress?

It would depend on the circumstances surrounding the case. There is no set amount, but it depends on the trauma caused, the evidence you present, and how the landlord affected your physical and mental health. The compensation ranges from a few thousand to even tens of thousands.

Can I counter-sue my landlord for evicting me due to unpaid rent?

No, that’s not enough reason to counter-sue your landlord. However, you can sue them for other legal grounds, such as negligence to maintain a habitable property or violating your privacy.

What happens if a tenant abandons a property?

The landlord can use the security deposit to make up for unpaid rent. If the tenant doesn’t collect their belongings, the landlord can sell them as compensation.

What defenses can I use in court for unpaid rent?

You can use defenses such as you don’t owe the amount, the landlord owes you other benefits, or the landlord didn’t follow legal protocol. It would be ideal to confer with an attorney for better guidance.

What happens if I can’t afford to pay the rent I owe?

You might receive an eviction notice, and in some cases, you might have to pay late fees. It depends on the terms of your rental agreement.