What to do when a tenant doesn't pay rent

Free tool: Late fee calculator → The first day a late fee is allowed, the most you can charge, and whether your lease's fee would hold up.

The first time a rent payment doesn't arrive, it's tempting to either panic or wait it out. Neither works well. Here's a calm sequence that protects both the relationship and your legal position.

1. Confirm it's actually missing

Check the account the rent goes to, your payment app, and your mail. Payments get stuck, ACH transfers take a few business days to clear, and banks hold deposits. Make sure the rent is truly late before you say anything.

2. Reach out the same day

A short, friendly message usually solves it:

Hi Sam — I haven't seen October's rent come through yet. Can you check on it? Let me know if anything's going on.

Most late rent is a forgotten date or a payday that fell on the wrong side of the weekend. If there's a real problem — a lost job, a medical bill — you want to know now, while there are still good options.

3. Apply your lease — consistently

If your lease has a late fee, charge it exactly as written, after any grace period your state requires. Check yours with the late fee calculator. Record everything in the tenant's ledger: rent due, fees, payments, dates. The rent ledger template builds one.

4. Consider a written payment plan

If the tenant can pay but needs time, a written plan — specific amounts on specific dates — often recovers more money, faster, than an eviction would. Put it in writing, signed by both of you, and state that missing a payment ends the plan.

5. Serve formal notice

If rent isn't paid and there's no workable plan, the legal process starts with a written notice that meets your state's requirements — the content, the number of days, and how it's delivered all matter. A notice that's wrong in any of those can force you to start over.

In Florida, for example: To end a lease for unpaid rent, you first give a written 3-day notice to pay or leave. The 3 days don't count Saturday, Sunday, or legal holidays. Source: Fla. Stat. § 83.56(3) · verified October 3, 2026

Other states set different periods and forms. Your state's court self-help site is the best starting point:

• Texas: TexasLawHelp.org
• Washington: WashingtonLawHelp.org
• Florida: FloridaLawHelp.org

6. If needed, file — and let the court handle removal

If the notice period passes without payment or move-out, the next step is filing an eviction case in court. Bring your lease, your ledger, a copy of the notice, and proof of how it was delivered. Many landlords hire an attorney for this step, at least the first time.

What never to do

• Don't change the locks or remove the tenant's belongings.
• Don't shut off utilities or take doors or windows off.
• Don't harass or threaten.

In most states these "self-help" evictions are illegal, and they can make you liable for damages that dwarf the rent you were owed. The court process is slower — and it's the only safe one.

Prevent the next one

• Screen consistently: verified income, rental history, references.
• Make paying easy: online payments with reminders before the due date.
• Respond fast at the first missed payment, every time.
• Keep a reserve, so one late month isn't a crisis for you, either.

Common questions

General information, not legal or tax advice. Where we state a law, we link the statute and re-check it on a schedule; your city or county can add rules of its own.