Property Management Blog

Can a Landlord Sue for Unpaid Rent?

Can a Landlord Sue for Unpaid Rent?

The most recent data, according to CNBC, shows that around 6 million Americans - or 15 percent of the population - are behind on their rent. Tenants who fail to pay back rent create a tense situation with their landlords.

However, can a landlord sue for unpaid rent? However, you must know the statute of limitations for unpaid rent and when the security deposit isn't enough. Moreover, you can sue a tenant when they haven't given enough notice that they are leaving.

Here are the situations where a landlord can sue for unpaid rent.

Statute of Limitations

Can a landlord sue for unpaid rent, regardless of whether plenty of time has lapsed?

In Ohio, a landlord has four years to sue for unpaid rent if there's an oral contract. A landlord has six years to sue for back rent if there's a written contract. This is known as the statute of limitations - the period you must file a court action.

These filings end up in small claims court, meaning the claim (or money) you seek must be $6,000 or lower. If you sue a tenant in small claims court and win, you could get your money in over a month.

In small claims court, you also don't need an attorney.

Security Deposit

Collecting a security deposit before someone rents a unit from you is standard practice. In many cases, it's one month's rent. Upon leaving the property, if there's damage, landlord rights dictate that they can take this deposit to cover expenses.

Landlord rights also specify that you can use the security deposit to cover back rent.

While this might not cover the entire amount, it's a start.

Sometimes, you might consider the debt 'settled,' even if the tenant owes more. Pursuing the matter in small claims court might not be worth the trouble.

Vacating The Property

You can go after a tenant if they vacate your property early and fail to pay due rent.

For example, even if they leave one week early, you can get the rent you are owed.

It's essential to stipulate these conditions in the lease agreement. When written down, it's more challenging for a tenant to skirt the rules. In small claims court, a judge will likely cite what's already been agreed to in a contract.

How Can a Landlord Sue for Unpaid Rent?

How can a landlord sue for unpaid rent? First, you must know the statute of limitations. You can also collect back rent by seizing the security deposit. In addition, if a tenant vacates the property early, you can collect the rent.

Hire the best property management team in Cleveland, Ohio, to ensure you get rent from your tenants each month. And when there's a problem, our team knows the proper rules and procedures to get the due money. Collecting rent is a chore - trust us to get the job done.