Every landlord dreads the moment when a tenant stops paying rent and refuses to vacate the property. It’s stressful, time-consuming, and often expensive. Unfortunately, it's a scenario more common than many realize—especially in today's rental market where eviction moratoriums, inflation, and strained tenant finances can create a perfect storm.
If you're facing a situation where your tenant is not paying rent and won't leave, it's important to know your rights, follow proper legal procedures, and avoid emotional decisions. Acting too fast or outside the law can backfire, leading to delays or even legal trouble. In this guide, we’ll walk you through a strategic and legally sound approach to resolving the issue, preserving your investment, and getting your property back on track.
Stay Calm and Know the Law
Before doing anything, it’s essential to understand your state’s landlord-tenant laws. These laws dictate how and when you can begin the eviction process, what notices are required, and how long the timeline might take.
Each state—and sometimes each city—has its own procedures. For instance, some require a "pay or quit" notice, giving the tenant a specific number of days to pay overdue rent or move out before formal eviction proceedings begin. If you skip these steps, a judge may throw out your case.
For a refresher on the legal side of eviction, check out our post on how to evict a tenant legally and efficiently.
Avoid “Self-Help” Eviction Tactics
You might be tempted to change the locks, shut off utilities, or remove your tenant’s belongings. Don’t. These are considered “self-help” eviction tactics and are illegal in nearly every state.
Even if the tenant hasn’t paid rent for months, only a court can authorize their removal. Taking matters into your own hands could result in fines, a lawsuit, or having to pay damages to the tenant. The safer—and smarter—option is to follow the proper legal path.
Serve a Notice and Document Everything
Once you're clear on local eviction laws, serve the proper notice. Depending on where you are, this might be a three-day, five-day, or even 30-day notice. It should clearly state what the tenant must do (pay rent or vacate) and what happens if they don’t.
Make sure to document every step. Save communication logs, send notices via certified mail, and keep records of missed rent payments. These records will be essential if the case goes to court.
To stay ahead of problems like this, we recommend landlords focus on tenant screening and strong lease agreements. Learn more in our article on how to create a tenant application that works.
Begin Formal Eviction Proceedings
If the tenant still won’t leave after receiving proper notice, it’s time to file for eviction in your local housing court. This usually involves a filing fee, court hearing, and possibly a trial. If the judge rules in your favor, they’ll issue an order of possession, allowing a sheriff to enforce the eviction.
The timeline varies. In some areas, this can take weeks. In others, it might take several months—especially if the tenant contests the eviction or local courts are backlogged.
For tips on staying compliant during this process, you might find value in our blog on navigating the legal landscape of debt collection.
Consider a Cash-for-Keys Agreement
If court proceedings are slow or costly, you might consider offering your tenant a “cash-for-keys” deal. This involves paying them a set amount to leave the property voluntarily. While it may seem unfair to pay someone who already owes you rent, it can be cheaper than a lengthy legal battle or months of lost income.
This option is particularly useful when you need to regain possession quickly to prepare the unit for a new, paying tenant.
Don’t Forget to Collect What You’re Owed
Even after eviction, many landlords leave money on the table by failing to pursue the unpaid rent. That’s where a professional debt collection agency like Advanced Collection Bureau comes in. We specialize in recovering rent owed by former tenants through legal, ethical, and effective strategies.
Our contingency-based model means you only pay if we collect. And with over 25 years of experience, we understand how to communicate with tenants, locate those who’ve skipped town, and report debts accurately to credit bureaus—twice per month.
Learn how ACB has helped other landlords succeed by reading how apartment debt collection works.
Partnering With a Collection Agency Can Save You Time and Stress
Many landlords underestimate the value of working with a debt collection partner. If your former tenant owes thousands in back rent, the sooner you involve a professional, the better your chances of recovering that money.
At ACB, we offer advanced skip tracing to locate difficult-to-find tenants and we never charge interest or hidden fees. We also take great care to remain compliant with all federal and state regulations, protecting you from liability while improving your recovery rate.
For landlords wondering if outsourcing collections is the right move, our blog on why property managers should outsource debt collection offers clear insights.
Final Thoughts
If your tenant is not paying rent and won’t leave, you're not alone. Landlords across the country face this challenge every day. But with patience, legal know-how, and the right partners in your corner, you can resolve the situation and protect your property’s financial health.
At ACB, we’re here to help you recover unpaid rent and regain control of your rental units—efficiently and legally. Don’t let one bad tenant undermine your entire investment. Contact us today to learn how we can help you move forward with confidence.
Ready to Collect What You’re Owed?
Work with ACB and get paid—fast, legally, and stress-free. Visit https://www.advancedcb.com/work-with-us to get started.
