Overdue Rent

Hi, and welcome to another Ray White Rent Smart tip! Today, we’re going to talk about rent arrears—what happens if you fall behind on rent and the steps you can take to avoid or manage overdue payments. Knowing your rights and responsibilities can help you stay on track and prevent eviction. Let’s get started!

Step 1: What to Do If Rent Is Overdue
If your rent is overdue and you’re unable to make a payment, it’s important to contact your property manager immediately. You may also receive regular rent arrears reminders from your property manager for your rent not being paid when due. Be honest about your situation and try to negotiate a payment plan, such as making smaller, more frequent payments to catch up. Make sure your offer is realistic, and always put any agreement in writing to protect yourself.

Step 2: Understanding Notices to Vacate
If your rent remains unpaid for a certain period, your landlord may issue a breach notice notice, (also known as a notice to remedy) and failure to remedy the breach could result in a termination notice (this varies by state as does the timeframe for unpaid rent). This gives you a limited time to pay the overdue amount before further action, such as applying for a tribunal hearing, is taken.

Step 3: What Happens If a Possession Order Is Made?
If a possession hearing is held and a termination order is issued, your landlord can take steps to enforce it, potentially leading to eviction. In most states, this process includes obtaining a warrant for possession, which may be used to take back possession of the property due to failure to leave as a result of unpaid rent.

We hope this guide helps you understand what to do if you fall behind on rent. Staying informed about your rights and taking action early can help you manage your tenancy and avoid further issues. If you need any additional assistance, don’t hesitate to reach out to your property manager. Thanks for watching, and take care!