We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Contract

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What Is Back Rent?

By M. Lupica
Updated: May 16, 2024

Collecting rent is very often the biggest cause of friction between a tenant and landlord. In the event that the tenant does not pay rent, and the amount owed builds up, this is called “back rent.” Collecting back rent is typically not easy for a landlord because the tenant’s inability to pay is generally what lead to the accrual of rent in the first place. While the ultimate goal of the landlord in a situation such as this should be to get the tenant to pay his or her rent without spending money and time going through the legal process, there are remedies at a landlord’s disposal to compel payment from his or her delinquent tenant.

If a tenant has avoided paying the rent owed to the landlord and back rent has accrued, a landlord may elect to file a claim for the rent owed. This is a largely symbolic gesture as it simply results in the court ordering the delinquent tenant to pay the rent. However, there are no real repercussions, and if the delinquent tenant does not have the money to pay the rent anyway, it is not going to get the result the landlord is looking for.

The option that may be more persuasive for a tenant to pay his or her back rent to the landlord is to bring an unlawful detainer lawsuit, also known as an action for eviction. The action for eviction will terminate the remaining lease on the grounds that the tenant has not paid the rent and will lose his or her right to remain on the property. With the threat of being removed from the residence now behind the landlord, the delinquent tenant now may feel more compelled to work out and comply with a payment plan for the rent. If the eviction goes through, then the tenant will have a certain period of time to vacate the premises before a sheriff comes to make sure that he or she does so.

One mistake that landlords who are owed back rent often make is to employ what are called “self help” methods of punishing the delinquent tenant. For example, a landlord may change the locks while the tenant is at work for the day in order to compel him or her to pay, or a landlord might show up at the residence and take something of value that belongs to the tenant as compensation. Nearly every jurisdiction has laws prohibiting these self help methods as a matter of public policy.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Discussion Comments
Share
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.