Not paying Tennant how to approach

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Scott Nachitilo
Property Manager · OK · Member since 2024 · 98 posts · 74 votes
10mo

First, get your CFO and fix the violation. And firmly but politely state that rent is still legally due, as non-payment is a lease violation too. Have open communication with your tenant and document it in writing. If the tenant refuses to pay, contact your local landlord-tenant attorney to understand your formal notice and eviction options, as laws vary significantly.

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  • Patrick O'SullivanBusiness Member
    Property Manager · Phoenix, AZ · Member since 2024 · 529 posts · 201 votes
    10mo

    Hi @Logan Muthusamy

    It’s definitely a tough spot to be in. When a tenant withholds rent due to issues like a missing Certificate of Occupancy (CFO) or code violations, it's important to understand both your rights and theirs, as local laws can play a big role in how this is handled.

    One of the first things you might consider is consulting with a local landlord-tenant attorney. In many jurisdictions, if a property isn't legally habitable or lacks a required certificate, tenants may have grounds to withhold rent or even break the lease.

    That said, here are a few general steps you can consider:

    1. Open a line of communication – Ask the tenant to put their concerns in writing. This gives you a record and also shows you're taking the situation seriously.

    2. Acknowledge and document the violations – Be transparent about what is being done to address the issues and the expected timeline for obtaining the CFO. Showing effort can go a long way.

    3. Avoid threats or pressure – Since legal occupancy may be in question, trying to enforce rent without correcting violations could backfire, especially if the tenant escalates the issue to local authorities.

    4. Seek legal advice before proceeding – You’ll want to avoid taking action that could violate housing laws or tenant protections in your area.

    Getting the CFO should be a top priority, and once it's resolved, it’ll put you in a much stronger position moving forward.

    Hope this helps, and best of luck navigating it.

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    1Reply
  • Eric Gerakos
    Investor · Costa Mesa, CA · Member since 2016 · 1k+ posts · 1k+ votes
    10mo

    You don't need to pay the tennant. They're supposed to pay you.

    1Reply
  • Scott Nachitilo
    Property Manager · OK · Member since 2024 · 98 posts · 74 votes
    10mo

    First, get your CFO and fix the violation. And firmly but politely state that rent is still legally due, as non-payment is a lease violation too. Have open communication with your tenant and document it in writing. If the tenant refuses to pay, contact your local landlord-tenant attorney to understand your formal notice and eviction options, as laws vary significantly.

    2Reply
  • Logan Muthusamy
    OP
    Member since 2025 · 3 posts · 1 vote
    10mo

    I have just finished fixing all the violations and communicated this to the inspector to schedule the inspection. So, I asked for the rent payment, and the tenant said he wanted to talk to his attorney before paying the rent. I'm not sure why he needs an attorney's involvement to pay the rent; he's still refusing to pay the rent. It was a rollercoaster ride to get things fixed because the tenant was not cooperating properly, and it seemed like he didn't want me to address the problems. I will be talking to an attorney tomorrow, but they will respond after two weeks. All eviction has to be done online. They will communicate after two weeks. That's what I meant

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    • Patrick O'SullivanBusiness Member
      Property Manager · Phoenix, AZ · Member since 2024 · 529 posts · 201 votes
      10mo
      Quote from @Logan Muthusamy:

      I have just finished fixing all the violations and communicated this to the inspector to schedule the inspection. So, I asked for the rent payment, and the tenant said he wanted to talk to his attorney before paying the rent. I'm not sure why he needs an attorney's involvement to pay the rent; he's still refusing to pay the rent. It was a rollercoaster ride to get things fixed because the tenant was not cooperating properly, and it seemed like he didn't want me to address the problems. I will be talking to an attorney tomorrow, but they will respond after two weeks. All eviction has to be done online. They will communicate after two weeks. That's what I meant 


      @Logan Muthusamy, thanks for the update, and I know it’s been a tough situation to navigate. Since the violations have been resolved and the inspection is now in motion, rent should no longer be withheld. If the tenant is still refusing to pay, it’s wise that you consult with an attorney. In the meantime, continue to document everything and follow the proper legal steps through the eviction portal if it comes to that. Hopefully, things move forward more smoothly from here.

      [email protected]480-795-7938
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      0Reply
  • Marc Winter
    Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    10mo

    The tenant not cooperating with access for repairs as you stated, and now withholding rent.  Ugh.  The 'I want to speak with my attorney' 75% of the time is a stalling ploy.

    I suggest the following:

    1.  Ask for the name and number of their attorney.  (They probably will not give it to you because they don't have one)

    2.  The day you get clearance from the inspector for your cfo, post proper notice to the tenant for eviction.  Don't be afraid to continue with eviction, if it is allowed by your state L/T laws.

    3.  Only communicate with your tenant in writing.  Email preferred, but text ok--just save every communication.

    4.  Learn valuable lessons from this experience, and keep moving forward.

    1Reply
  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    10mo

    Post a pay or quit notice right away 

    0Reply
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