A Lighthearted Guide to a Not-So-Lighthearted Topic**
Let’s be honest: when you bought your investment property, you probably pictured passive income gently floating in every month like a soft breeze through newly installed plantation shutters. A quiet, predictable, grown-up arrangement. You provide a lovely home; they provide timely rent. A fairytale!
And then… life happens.
Or at least, life happens to your tenant—missed paychecks, forgotten payment portals, “I swear I pushed submit,” and a whole collection of creative excuses involving dogs, banks, and mysterious system glitches.
Before you know it, your rent payment is not just late—it’s missing. And now you’re wondering, “Okay… so what on earth do I do next?”
Fear not, property owner. Filing on a tenant for non-payment may not be glamorous, but we’re about to walk through it step-by-step with the same calm confidence you’d have while choosing the perfect backsplash tile. Let’s get you informed, empowered, and ready to handle everything like the savvy investor you are.
Step 1: Check Your Lease—A Surprisingly Helpful Document
Start by pulling out that signed lease agreement—you know, the document your tenant clicked through faster than an online sale checkout.
Your lease should clearly outline:
Rent amount
Due date
Grace period
Late fees
Legal steps you’re allowed to take for non-payment
If your agreement is from the EJF Team (see: ejfrentals.com), you’ll likely find the language refreshingly straightforward. If it’s from more than a few years ago and still references fax numbers, well… it might be time for an upgrade.
Step 2: Make Sure You’ve Given Proper Notice
In nearly every jurisdiction, you can’t just skip straight to court because your tenant ghosted you on rent. You’ll need to provide an official notice first. Think of it as the legal world’s version of a gentle nudge that says, “Hey, remember that money you owe me? Still waiting.”
Depending on your state or city laws (and DC, Maryland, and Virginia have very specific ones), this notice might be called:
Pay or Quit Notice
Notice to Cure
Notice of Non-Payment
"Please-Pay-Your-Rent-Because-This-Is-Getting-Awkward" letter (okay, not officially—but emotionally accurate)
Timelines vary by jurisdiction. Some require 10 days, others 14, and some are even longer. This is where many DIY landlords accidentally misstep. A notice done incorrectly can delay your filing by weeks.
If you want to avoid all that, bookmark this now:
👉 EJF Rentals – Resident & Legal Resources
Step 3: Document Everything
If real estate investing had a motto, it would be: Document like your future self will forget everything.
Keep:
Every email exchange
Every text message
Every portal message
Every statement shared
Copies of up-to-date ledgers
Screenshots of missed payments
Notes from phone calls
Proof of delivery for notices
Courts love documentation. Judges love documentation. You will love documentation when your tenant suddenly remembers a “verbal agreement” you never made.
And if you’re working with a professional management team (like the very friendly humans at EJF Rentals), they’ll keep these records for you—beautifully organized, timestamped, and ready to pull at a moment’s notice.
Learn more about how EJF keeps your records in order here:
👉 ejfrentals.com/services
Step 4: File Your Case (aka: The “Let’s Make It Official” Step)
Once the notice period has passed—and payment still hasn’t shown up—it’s time to take the next step.
This usually involves filing a case with your local court. Depending on your region, this is typically known as:
Filing a Complaint for Non-Payment of Rent
Landlord-Tenant Filing
Summary Ejectment
Possession Claim
You’ll need to bring:
A copy of the lease
A copy of your notice and proof it was delivered correctly
An accounting ledger showing unpaid rent and fees
Any supporting documentation
The filing fees vary, but most are fairly modest, especially compared to months of unpaid rent.
If you're in the DC metro area, EJF Rentals is especially experienced with the court systems in DC, Maryland, and Virginia, which—fun fact—are all different in delightful and confusing ways. If you’ve ever tried to navigate DC landlord-tenant law on your own, you already know why property managers exist.
Step 5: Attend the Hearing (Bring Patience and Paperwork)
After filing, the court will schedule a hearing. You’ll need to show up, tell your side of the story, and provide proof of non-payment.
Tenants sometimes show up, sometimes don’t, sometimes arrive with a binder full of papers, and sometimes arrive with absolutely nothing but confidence. Courts have seen it all—you just need to be prepared and factual.
The judge may award:
Possession of the property
A money judgment for past-due rent
A payment plan
A continuance (because life loves plot twists)
If the court grants possession and the tenant still doesn’t comply, you may need to request eviction through the sheriff or marshal. Not fun, but sometimes necessary.
Step 6: Follow Through Legally—Not Emotionally
This cannot be overemphasized:
Do not change locks. Do not shut off utilities. Do not remove belongings.
Even if the tenant hasn’t paid for months, the law is the law, and skipping steps can land a landlord in hot water faster than you can say “Wait, I didn’t know that was illegal!”
Eviction laws exist to protect tenants and property owners. The safest course is always through the legal system, in the correct order, with the correct paperwork.
Step 7: Reflect—and Rebuild Better Systems
Filing on a tenant isn’t just a legal process; it’s a wake-up call about your property management systems.
This is a great moment to rethink...
Rent Collection Tools
Are you using online portals? Automated reminders? Professional bookkeeping?
If not, start here:
👉 ejfrentals.com/owners
Tenant Screening
Were there red flags you overlooked? Income ratios? Past rental history?
Professional managers catch things landlords miss—because they do this all day.
Communication
Did late fees go uncharged? Were reminders sent on time?
Consistency is key, and automation helps a ton.
Legal Knowledge
Local laws change constantly. Are you keeping up?
Property managers are.
Why Doing This Alone Is… A Lot
Let’s pause for a second and acknowledge something:
Filing on a tenant for non-payment is stressful.
It’s time-consuming.
It’s technical.
And it almost always involves strict legal timelines that are easy to mess up.
There’s no shame in feeling overwhelmed—most property owners do.
That’s why so many investors in the DC area offload this entire process to professionals who live and breathe property management.
Why EJF Rentals Is Your Secret Weapon
When you work with EJF Rentals, you’re not just getting help—you’re getting:
Professional notices sent on time
Meticulous documentation
Experienced court representation
Streamlined rent collection systems
Thorough tenant screening
Legal compliance
Peace of mind (priceless!)
Plus, the team is friendly, responsive, and genuinely invested in protecting your property—because your rental is an asset that deserves expert care.
Take a look at what EJF can do for you:
👉 ejfrentals.com/owners
Final Thoughts: A Better Way Forward
Going through non-payment issues isn’t fun, but here’s the bright side:
You don’t have to navigate any of this alone.
A professional property manager can:
Handle notices
Track payments
File cases
Attend hearings
Enforce court orders
Protect your investment
…all while you get to focus on literally anything else you'd rather be doing.
If you're ready for fewer headaches, stronger systems, and a team that actually enjoys handling this stuff…
👉 Work with EJF Rentals.
👉 Call Conrad today at 202.803.7200 to learn how our expert team can take care of all your property management needs!
