What to do if the debtor-tenant becomes unreachable?
How can you safeguard your rights and reclaim unpaid rent?
Renting out your property can be a lucrative source of income, but what happens if the tenant stops paying and loses contact? Non-payment is a frequent issue for property owners, and addressing it properly is crucial to protect your interests. The situation is particularly challenging if the debtor vanishes without a trace, ignoring calls and correspondence.
Let's explore what actions can be taken in such a situation, which legal tools will assist in evicting the non-paying tenant and recovering the debt, and how to officially document the tenant's inaccessibility.
What to do if the tenant does not pay?
Before resorting to legal action, it's always beneficial to attempt a peaceful resolution. Debt can sometimes arise for legitimate reasons, such as temporary financial troubles, illness, or other life events.
❖ The first step is to reach out to the tenant to understand the cause of the debt. This can be done via phone, email, messaging apps, or in person.
❖ The second step is to send a formal written notice demanding payment of the outstanding amount. It's advisable to do this by registered mail with acknowledgment of receipt or using an electronic signature (such as PEC in Italy). The letter should include:
- Reference to the lease agreement and the obligation to pay promptly.
- The total amount owed and the duration of non-payment.
- A deadline (typically 15 days) for settling the debt.
- A warning of potential legal consequences.
If there is no response, more serious measures should be considered.
How to evict a debtor?
If a peaceful resolution is impossible, it's necessary to initiate a legal eviction process for non-payment. In Italy, this is governed by Article 658 of the Code of Civil Procedure, with equivalent procedures existing in other jurisdictions.
The eviction occurs in several steps:
- Filing a lawsuit: The landlord, through legal counsel, files a lawsuit seeking eviction and a court order for debt recovery.
- Court hearing: If the tenant attends, they may request additional time to settle the debt (a "fixing period," which in Italy may last several months). If absent, the court issues an eviction order automatically.
- Confirmation of the decision: The judge sets a date by which the tenant must vacate the property.
- Forced eviction: If the tenant refuses to leave voluntarily, the bailiff executes a forced eviction with police assistance.
Simultaneously, you can consult the register of debtors to alert other potential landlords.
What to do if the tenant has disappeared and isn't responding?
Occasionally, a tenant simply vanishes: ignoring calls, moving out without a forwarding address, and failing to inform you. In such cases, the tenant can be officially declared unavailable (irreperibile).
