The tenant isn't paying — a step-by-step guide

First: don't panic, document

A late payment doesn't always mean bad faith — sometimes it's a missed transfer or a temporary cash problem. Before reaching for legal measures, make sure you have a complete payment history: who paid, how much, and when. That is your most important evidence if the case goes to court.

Step 1: a calm reminder

Send a short, polite reminder — a message or email — with the amount, due date and account number. In many cases that's enough. Keep the message: it proves you tried to resolve things amicably.

Step 2: a formal demand for payment

If the reminder doesn't work, send a written demand for payment (ideally by registered mail with proof of delivery). It should include:

• The exact arrears, broken down by month
• A payment deadline (e.g. 7 days from receipt)
• The account number and payment reference
• Notice that statutory late-payment interest is being charged
• A warning about the next steps (termination of the lease)

Step 3: terminating the lease for arrears

For residential leases, the Tenant Protection Act applies. You may terminate the lease when the tenant is in arrears for at least three full payment periods. The procedure is strict:

1. Warn the tenant in writing that you intend to terminate the lease.
2. Set an additional one-month deadline to clear the arrears.
3. Only after it passes without payment may you terminate the lease in writing — with a one-month notice period, effective at the end of a calendar month.

Skipping any of these steps makes the termination invalid — which is why the order and the written form are crucial.

Step 4: recovering the property — two paths

Occasional lease — the fastest route. If the tenant signed a notarial declaration of voluntary submission to enforcement, then after termination and a demand to vacate you apply to the court for an enforcement clause, and a bailiff takes over — with no separate eviction trial.

Standard lease — the longer route. You need a claim for payment (the arrears, e.g. via electronic order-for-payment proceedings) and a separate eviction claim. The court issues an eviction judgment, but a bailiff carries it out subject to tenant protection.

Keep in mind: tenant protection

• No "eviction onto the street" — the court decides whether the tenant is entitled to social housing or temporary premises.
• Protected period — eviction to temporary premises is not carried out between 1 November and 31 March if the tenant has nowhere to go.
• Deposit — you can use it to cover part of the arrears, but it rarely covers several months of debt.

How to protect yourself in the future?

The best debt collection is the one you never have to run. It helps to: screen tenants before signing, take a deposit, use the occasional-lease form, and keep up-to-date payment records so you spot arrears on day one, not after three months.

How does SmartRentier help?

In SmartRentier every payment and arrear is recorded with a date — you have a ready payment history as evidence. The system reminds you of due dates and shows which tenant is behind and by how many months, so you react immediately. All communication with the tenant — through the built-in messaging module — sits in one place, invaluable when you need to prove you tried to recover the debt amicably.

Start for free — the Kawalerka plan is free forever, no card required. You only pay when you need more properties.

This article is for information only and does not constitute legal advice. For disputes, consult a lawyer.