Demand to the tenant for unpaid rent

Published byDocMuse

A written demand is the step before everything else. It lists the unpaid periods one by one, gives a deadline and a means of payment, and states what follows if nothing is paid. It matters later too: without it a landlord asserts that the tenant was in default but cannot show when the tenant was told so.

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Common questions

Can I change the lock if the tenant is not paying?

No. Shutting a tenant out is not permissible even where rent is unpaid, and it turns the dispute against the landlord. The route runs through a demand, then termination, and if necessary through the courts.

Why send a demand when the agreement has already been breached?

Because the demand fixes when the debtor was told and from when they are in default, and that matters for interest and for termination. Without it a landlord asserts default but cannot show from what date.

Can I keep the tenant's belongings against the debt?

No. Retaining someone else's property is not a means of collecting a debt and creates a separate liability of its own. The debt is collected through the prescribed route, and the belongings are handed over with a record.

What follows if the demand goes unanswered?

Termination of the agreement in the manner it provides, and collection of the debt. The demand is the document showing that route was followed — that is the difference between a prepared case and an unprepared one.