Unlawful Detainer | When a Lessee is Unable to Pay Rent

A property offered for lease is generally seen as income generating property. The property owner has invested on buying or building that property to have it rented.

So what happens when a lessee or renter is unable to pay rent?

The term UNLAWFUL DETAINER refers to the conduct of a lessee who is in possession of an apartment or leased property and refuses to leave the premises upon the expiration or termination of the lease.

Take in the case of Ms. Lessee who rented an apartment from Mr. Lessor. Ms. Lessee is a single woman who lives alone in the apartment she rented and always pays on time. Mt. Lessor is a single man who happens to take interest in Ms. Lessee and one day took the courage to asked her out. After a few months of dating Ms. Lessee & Mr. Lessor are now exclusively dating. While in the relationship, Ms. Lessee stop paying rent on the apartment and Mr. Lessor tolerated this.

After a few more months into dating, the relationship led to a break-up. Both were heartbroken and did not consider getting back together. Now that they are back to lessor-lessee relationship, Mr. Lessor started to charge Ms. Lessee for rent.

Ms. Lessee started paying for her rent after the break-up but her depression from it also started her into controllable shopping sprees. She eventually concurred huge credit card bills and was not able to pay rent for four consecutive months as she struggled with her finances.

Mr. Lessor now demands Ms. Lessee to pay her rent and to vacate the apartment she is renting from him. But Ms. Lessee never paid rent despite the demand letter from Mr. Lessor.

What is the legal action can a lessor make against a lessee who is unable to pay rent?

When there is failure to pay rent, the Lessee has already committed a violation against the Lease Contract between her and the Lessor. It is because of this violation that causes the action against the Lessee as well as the right to consider the (lease) contract terminated.

Always make a clear communication with your Lessee or Lessor for situations where the Lessee is unable to pay rent. That way the Lessee is aware of the consequences where one is unable to pay the rent.