Can a Landlord Sue for Back Rent After Eviction?
Long story short: If you evict a tenant because they won’t pay rent, you can use their security deposit to cover what they owe. However, if the deposit doesn’t cover the full amount of rent and late charges, you can sue the tenant for the outstanding balance.
How to Deal With a Tenant Who Is Behind on Rent
If you’ve tried a handful of times to collect late or unpaid rent and the tenant is being evasive or unresponsive, then you might need to start taking action against them. The first step is to give the tenant a written eviction notice that states they are behind on the rent that’s stipulated in their lease agreement, and that they have a certain number of days to pay rent or move out. If they don’t pay rent or leave by the end of that period, then you can file an eviction lawsuit with your local Las Vegas, NV justice court.
If you win the case, the court will issue a “writ of possession” which orders the sheriff or constable to remove the tenant from the property. If you’re unsure about going through the court process alone, rely on a local eviction service like Rocket Eviction to be with you every step of the way.
How to Collect Unpaid Rent
You can either keep their security deposit to cover any losses, or you can pursue a lawsuit against them if the security deposit doesn’t cover all of the missing rent. One way to do this is by filing a claim in small claims court. Alternatively, you could try to negotiate a payment plan with the tenant or hire a collection agency to recover the money on your behalf.
COVID-19 and the Eviction Process
The Coronavirus made lease agreements and lease violations more complex when it comes to rental payments. The federal government implemented emergency rental assistance programs to help supplement rent and reimburse landlords. This was meant to cut down on landlord-tenant disputes by assisting both parties.
Contact Rocket Eviction at (725)-224-1124 or yvonne@rocketeviction.com.
