Nobody ends up involved in a lawsuit with a tenant overnight. Problems usually build over time. It may start with a missed rent payment that leads to a serious lease violation or some property damage. Whatever the situation, it’s crucial to protect your finances and your rights.
If you wait too long to take legal action against a tenant, you might lose money or weaken your position. However, if you act too fast, you could end up wasting time and money on a situation that could have been resolved outside of court.
If you’re facing a difficult situation with a tenant, here’s how to know if a lawsuit makes sense.
1. Consult with an attorney
The easiest way to find out if your situation should be taken to court is to consult with a landlord-tenant attorney. They’ll review your case and advise you on how to proceed. In some cases, small claims court is the best solution, but don’t file a case on your own. While you can’t bring your attorney with you into the courtroom, they can prepare your case, help you file, and explain how to make your case to the judge.
On your own, it’s easy to make simple mistakes that will get your case postponed or dismissed. For example, not serving your tenant properly, failing to provide proper notice for an eviction, or engaging in self-help eviction strategies will cause delays and dismissals.
A lawyer can also help you avoid counterclaims. When you sue a tenant, they can sue you back. If you didn’t make timely repairs, illegally withheld their deposit, or failed to provide a safe and habitable unit, their counterclaim could outweigh your original case. An attorney will assess this risk before you file.
2. Your tenant is chronically late with rent (or not paying at all)
By the time your tenant has missed more than one rent payment, it’s time to pursue legal action. Occasional late rent payments are normal, but chronic lateness and even skipped payments are a huge red flag. If a tenant can’t catch up after one missed payment, there’s a good chance they’ll never catch up.
If a tenant is chronically late with the rent, you can probably solve the issue by changing the due date. However, if they’ve stopped paying rent entirely, it’s time to pursue legal action.
3. Your tenant has created significant property damage
If you perform an inspection and discover that your tenant has caused serious property damage and isn’t voluntarily paying for immediate repairs, get them out as soon as possible. Property damage caused by neglect and carelessness only gets worse over time. Your tenant’s security deposit is only meant to cover minor issues, not major repairs. If the repair costs extend beyond the deposit, you’ll need to sue to recover the difference.
If you don’t promptly evict a tenant who has damaged your property, you risk even more damage by the time they move out. At that point, their security deposit probably won’t cover much, if anything.
4. Lease violations are creating serious risk
Not all lease violations justify a lawsuit, but when a tenant’s actions create serious financial or legal risk for you, it’s worth considering. For example, illegal subletting, turning your property into an Airbnb rental, conducting illegal activity on the property, and violating HOA rules are all serious situations that can hurt you. You can get fined by the city for violating zoning laws, and your HOA can impose fines and even foreclose on your house in certain circumstances.
5. They’ve failed to vacate after proper notice
When a tenant refuses to leave after you’ve provided proper notice, you’ll probably never get them out without filing an eviction lawsuit. If a tenant stays past the end of their lease term without permission (assuming their lease doesn’t automatically convert to a month-to-month situation), they owe you rent and may never leave on their own.
If you’re dealing with a holdover tenant, the best course of action is to file a lawsuit to get them out. The longer you wait, the more money you’ll lose.
Know when to draw the line
Suing a tenant should be a last resort, but it’s often necessary. When you’re dealing with property damage, nonpayment of rent, or serious lease violations, it’s important not to waste any time. Most situations start out feeling like an inconvenience but escalate fast. The key is to recognize when the situation has crossed the line and become a financial liability. That’s when it’s time to stop trying to negotiate and start enforcing your rights.
