A tenant or his guarantor is required to pay the rent on a regular basis and on a fixed date according to the contract established with the landlord. This being part of his obligations, it happens however that at a certain moment, this tenant no longer pays his dues and leaves without warning you. You, landlord, however, have charges that you must pay with the rent. How to recover the unpaid rent? Here is the advice of our experts who have looked into the subject.
Summary
The recovery procedure
Suddenly and without warning, your tenant left the rental house without paying the last rent. In order to be able to recover the sums due, you must implement a collection formality. First, you can send him a letter warning him of his late payment.
In this registered letter, do not forget to mention the deadline you impose on him for the payment. Generally, it is 15 days from the date of receipt of said letter. If you do not get a favorable response, call his guarantor and inform him of the unpaid bills. The deadline here is 30 days. Return the letter by registered mail in case you do not receive any response from them after the deadline.
Use the deposit
In some rental contracts, we can mention a close person or a friend to vouch for the tenant. He undertakes to pay the unpaid rent of the latter in the event of default of payment on his part. If it exists, you have the option of turning to this deposit. Note, however, that the procedure may differ depending on the role of the guarantor. In the case of a simple surety, you will be required to notify your bailiff who, in turn, will send a letter ordering the tenant – with a copy to the person playing the role of surety – to pay his bills.
After the 60-day period, if you get no response from him, you can contact the guarantor directly by registered letter with acknowledgment of receipt. In the case of a joint surety, the steps to follow are the same except that, more specifically, you have the option of contacting the surety immediately without going through the tenant by sending a registered letter.
What are the legal formalities to follow?
Have you ever tried recovery procedures and contacted the guarantor, without any response? You can use the service of a bailiff to seize the accounts of the said tenant.
To make all this effective, present your rental contract and your identity document. In order to recover the unpaid rent, you have the possibility of asking him to block the account(s) of the tenant. Then, go to the district court in order to obtain a title allowing you to proceed with the execution of the request. In this case, you have three solutions available to you:
- Seizure / sale of furniture: this procedure consists of seizing the tenant’s property through the intermediary of the bailiff and selling it at auction. Profits are returned to you as compensation for unpaid rent.
- Bank account entry: the total amount that the tenant should have paid you will be debited from his bank account. It will be transferred directly to your account.
- Wage garnishment: like the previous step, the amount of the unpaid will be deducted from the tenant’s salary and will be allocated to you.
