What to do if the debtor-tenant has become unavailable?

What can you do to protect your rights and get back unpaid rent?

Renting out your property can be a good source of income, but what if the tenant stops paying and doesn’t get in touch? The problem of non-payment is one of the most common among property owners, and it is important to deal with it correctly in order to protect your interests. The situation becomes especially difficult if the debtor disappears without a trace, does not answer calls and letters.

Let's figure out what measures can be taken in this case, what legal mechanisms will help evict the defaulter and collect the debt, and how to correctly formalize the fact of his inaccessibility.

What to do if the tenant does not pay?

Before going to court, it is always worth trying to resolve the problem peacefully. Sometimes debt arises for good reasons: temporary financial difficulties, illness or other life circumstances.

❖ The first step is to contact the tenant to find out the reason for the debt. This can be done by phone, email, messengers or a personal meeting.

❖ The second step is to send an official written notice demanding payment of the debt. It is best to do this by registered mail with acknowledgment of receipt or via electronic signature (PEC, if we are talking about Italy) . The letter should indicate:

• reference to the lease agreement and the obligation to pay on time;

• the amount of debt and the period of non-payment;

• deadline (usually 15 days) for making payment;

• warning of possible legal consequences.

If there is no reaction after this, you should move on to more drastic measures.

How to evict a debtor?

When a peaceful settlement fails, it is necessary to initiate a judicial eviction procedure for non-payment . In Italy, this is regulated by Article 658 of the Code of Civil Procedure , but similar procedures also exist in other countries.

The eviction takes place in several stages:

1. Filing a lawsuit
   The landlord, through a lawyer, files a lawsuit demanding eviction and the issuance of a court order to collect the debt.

2. Court hearing

   • If the tenant appears in court, he can ask for time to pay the debt ( a "fixing period" , which in Italy is several months).

   • If the tenant does not appear in court, the court automatically issues an eviction order.

3. Consolidation of the solution
   The judge sets a date when the tenant must leave the property.

4. Forced eviction
   If the tenant does not vacate the premises voluntarily, the bailiff carries out a forced eviction with the participation of the police.

At the same time, you can contact the register of debtors to warn other potential landlords.

What to do if the tenant has disappeared and is not responding?

Sometimes a tenant simply disappears: doesn't answer calls, moves out of the apartment without leaving a new address, and doesn't let you know about him. In this case, he can be officially declared unavailable (irreperibile).