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What Happens When You Owe Back-Rent and Your Lease Is Up?

When your lease is up, you may be ready to tie up any loose ends and move on. However, if you owe back rent when your lease expires, moving on may not be as simple as you think. When you owe your landlord rent, he has several steps that he can take to recover any money owed, including pursuing you legally for the rent you owe him.

Payment Plan

    Depending on how much you owe in back rent and what your payment history was like throughout the terms of your lease, your landlord may be willing to set you up with a payment plan to pay off what is owed, even as he prepares to re-rent the place to another tenant. However, you may be required to sign a copy of the written payment plan, so that if you default, your landlord can pursue other avenues to get what is owed.

Security Deposit

    In most instances, if you owe back rent and your lease is up, your landlord will use your security deposit to collect the monies owed. However, if the amount owed is more than your deposit, he still may pursue ways to get the rest of what is owed to him. If the amount owed is less than the amount of the deposit, then depending on any damage done to your home, you may or may not get money back from your deposit.

Legal Judgement

    If your security deposit isn't enough to cover the back rent owed to your landlord, he may file suit against you in small claims court, with hopes that a judge can get you to pay up. You can obviously fight this (though you may need access to legal resources to help you do so), but in the end, if your landlord wins a judgment against you, you would be liable to him for the amount owed in back rent as well as any legal fees associated with filing suit against you.

Additional Considerations

    If your landlord wins a judgment against you, it goes on your credit report and you may find it challenging to rent another home or apartment. If you plan to try to re-rent your place, perhaps offer to your landlord to tack on additional money to your rent for the first several months until you catch up on the unpaid amount of the last lease. If he agrees, try not to fall behind on the new lease.


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