Landlord Question and Answer Forum

I have a tenant who hasn't paid the rent for two months now, and has agreed to move out. Therefore, I don't need to evict him, but what is the legal process in this situation for collecting unpaid rent?

Ask him when he will be paying you what he owes before he leaves. There’s a good chance he’ll ignore you. Don’t get into his face or argue. I assume that you will be sending him a Disbursement of Security Deposit which would include unpaid rents and late fees, after he leaves. Include a date as to when he must pay you. Let him know in the letter that if he doesn’t pay by that date, you will be forced to take legal action. If he doesn’t give you his new address, mail Disbursement to his current address and ask for his forwarding address. Check Post Office on-line on how it should be done. Then, it’s on to Small Claims. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

Posted by Bob R, CA on Wednesday, May 9, 2012