How many times have you found yourself in the unpleasant situation of having to chase a delinquent tenant?

Unfortunately, in my professional experience, I encounter almost daily property owners struggling with this frustrating problem.

Today I want to guide you, step by step, through the possible solutions the law offers, explaining not only what to do, but more importantly how to do it most effectively.

Housing delinquency is one of the most critical issues in the management of leased properties. As an experienced tenancy lawyer, I will detail all the tools for obtaining payment of uncollected arrears from the tenant and vacating the property, with a focus on court timing and the most effective strategies.

Preventive actions and first moves: when the tenant stops paying

Picture this scene: the fifth of the month is a week past, but therent credit has not yet arrived on the account. The first reaction is often one of concern mixed with hope - will it simply be a delay? Before you get too alarmed, it is important to move methodically.

In my practice, I always recommend starting with a friendly approach. A friendly phone call or E-Mail can clarify whether this is a momentary mishap. I recall the case of Ms. Rossi, who after a simple reminder discovered that the tenant had simply gotten the IBAN wrong in the transfer. Problem solved within 24 hours!

However, when days go by and the excuses pile up without payment arriving, it is time to move to a more formal approach. A written warning, preferably sent by registered mail with return receipt or PEC from a professional, becomes essential.

This notice should specify:

• The exact amount of uncollected arrears;
• A reasonable deadline for payment (usually 15 days from the date of receipt of the missive);
• The legal consequences in case of noncompliance.
  

When dialogue is not enough:

If despite the formal notice to comply the situation is not unblocked, it is time to consider possible actionable options, the choice of which depends on the goals you want to achieve.

The injunction: a quick solution

One of the most effective tools available to us is the injunction. I recently assisted a client who, thanks to this procedure, obtained recognition of his claim in just three months.
The advantage? It is a relatively quick and inexpensive process, as long as you have all your documents in order.

But beware: this route is viable only if:

• the lease has been properly registered;
• the documentation regarding missed payments is clear and complete;
• the tenant has not raised substantive objections.

The long march of eviction: default eviction procedure

When, on the other hand, the main goal is to regain possession of theproperty, eviction proceedings become necessary.

Here, unfortunately, the timeframe gets longer - at best count at least six months, but often it is as long as a year.
I particularly remember the case of a client of mine, an entrepreneur with several leased properties, who found himself stuck in a 14-month court odyssey.

The lesson? Early action is crucial. Every week of delay in starting the process results in additional months of lost rent.

Step 1: Summons to validate eviction.

• Filing an appeal with the Justice of the Peace/Tribunal.
• Attach:
  • Certified copy of the lease agreement;
  • proof of missed payments (bank statements, receipts);
  • Copy of formal notice with receipt.

Step 2: Appearance hearing.

• First hearing set a few months later;
• possible attempt at conciliation;
• in case the tenant fails to appear, eviction order.

Step 3: Enforcement

• appointment of a bailiff;
• service of writ of execution (minimum 10 days before eviction);
• eviction operation with public force (if necessary).

Recover the money: don't just proceed with eviction

Many landlords focus only on eviction, forgetting that the goal should also be to recover unpaid rent.
This is where tools such as foreclosure come into play, which can be directed

• To wages (up to one-fifth of salary);
• to bank accounts or postal account;
• to other assets owned by the tenant.

One piece of advice I always give my clients: before filing a lawsuit, it is worth checking whether the tenant actually has attachable assets. I have seen too many cases where you won the case but could not recover a single euro.

Tenant defenses: how to prepare

Make no mistake that the road is always downhill. Astute tenants often put up exceptions such as:

• alleged property maintenance problems;
• illegitimate rent increases;
• discrepancies in the property.

The key to preventing these defenses? Document everything. Keep a record of every communication, keep receipts for maintenance work, and most importantly, always record the contract. These simple precautions can mean the difference between a case won in a few months and a protracted litigation.

Conclusion: act now, act well

Dear readers, if there is one thing I have learned in years of practice, it is that with delinquent tenants, you should not wait. Every month of delay results in thousands of euros lost and longer procedures.
In my practice we always offer a free initial analysis of the case, because I believe that knowledge is the first step toward a solution. If you find yourself in this situation, do not hesitate to contact me to evaluate the best strategy together.
Remember: in property management, being proactive is not just a choice, it is a duty to your assets.

Attorney Benedetta De Paola

Contact me for a consultation.

"Timeliness is crucial in matters of tenancy delinquency. Every month of delay can mean thousands of euros in losses. Let's act now to protect your rights."