What you need before you file a non-payment claim
You cannot file a non-payment case without a signed lease, proof the rent was due, and documentation that the tenant did not pay. Most courts require you to show the lease itself, a written notice you gave the tenant (usually a pay-or-quit notice), and records of what was paid and when. The specific documents vary by state and county, so check your local court's website or call the clerk's office to confirm what they need before you file.
You must also have given the tenant written notice before filing. In most states, this means serving a pay-or-quit notice — a formal letter stating how much is owed, the deadline to pay (usually 3 to 5 days), and that you will file for eviction if they do not pay. Some states require you to mail this notice; others allow hand delivery or posting on the door. The method matters because the court will ask for proof you served it correctly.
Keep records of every payment received, every payment missed, and every communication with the tenant about the debt. Screenshots of texts, copies of emails, and photos of posted notices all count. If the tenant made partial payments, document those too — the court needs to know the exact amount still owed.
Key Takeaways
- You must serve a written pay-or-quit notice before filing in court; the notice period is usually 3 to 5 days and varies by state.
- File your case in the local district or justice court in the county where the property is located, not in a different court.
- Court filing fees range from $50 to $300 depending on the amount owed and your state, and you pay this upfront.
- The tenant has the right to respond to your case, and the court will hold a hearing where both of you can present evidence.
- A judgment for non-payment does not automatically remove the tenant; you must file a separate eviction order if they do not leave after losing the case.
Where and how to file a non-payment case
File your case in the district court or justice court (also called small claims court in some states) in the county where the rental property is located. Do not file in your home county if it is different. Go to the courthouse in person or check whether your county allows online filing through the court's website or a state portal.
Bring or submit the lease, the pay-or-quit notice with proof of service, and a written statement of the amount owed with dates. Some courts have a form for non-payment cases; ask the clerk whether one exists. The clerk will tell you the filing fee, which you must pay when you submit the case. Fees typically range from $50 to $300 depending on the debt amount and your state.
After you file, the court will schedule a hearing date and send notice to the tenant. The tenant has a set number of days (usually 7 to 14) to respond. If they do not respond and do not show up to the hearing, you may win by default, but the court will still hold a hearing date in case they appear.
What happens at the court hearing
At the hearing, you will present your evidence: the lease, proof of service of the pay-or-quit notice, payment records, and any communication showing the debt. Bring originals or certified copies if the court requires them. The tenant can present their own evidence — for example, proof they paid, a claim that the lease is invalid, or evidence of a repair problem that gives them the right to withhold rent.
The judge will decide whether the tenant owes the amount you claim. If you win, the court will issue a judgment for non-payment. This judgment is a court order stating the tenant owes you the money, but it does not force them to leave the property. It is a debt judgment, not an eviction order.
If the tenant wins or the judge finds the debt is less than you claimed, you lose that portion. You cannot appeal a judgment for a small amount in most states, so the hearing is your one chance to present your case clearly.
Collecting the judgment and enforcing payment
Once you have a judgment, you can use it to collect the debt. You can garnish the tenant's wages, place a lien on their property, or seize their bank account — but you must follow your state's collection procedures, which usually involve filing additional paperwork with the court or a collection agency. Many landlords hire a collection agency to pursue the debt, which takes a percentage of what is recovered.
If the tenant does not pay after the judgment and you want them to leave, you must file a separate eviction case (also called an unlawful detainer or forcible detainer case, depending on your state). A non-payment judgment alone does not evict anyone. The eviction case is a second filing, with its own fee and hearing, and it is the only way to get a court order removing the tenant from the property.
Some states allow you to combine the non-payment case and eviction case into one filing; others require two separate cases. Check your state's court rules or ask the clerk which process applies in your county.
Timeline from filing to judgment
The timeline depends on your state and whether the tenant responds. If the tenant does not respond and does not appear at the hearing, you may receive a judgment within 2 to 4 weeks of filing. If the tenant responds and the case goes to a full hearing, it may take 4 to 8 weeks or longer, depending on the court's schedule.
Some states have expedited non-payment procedures that move faster than regular civil cases. Ask the clerk whether your county has a fast-track process for landlord-tenant disputes. Even with expedited procedures, you cannot force a faster hearing date; you can only move through the process as quickly as the court allows.
During this time, the tenant is still living in the property and may still owe rent for the current month. If they do not pay during the case, that debt adds up and can be included in a later eviction filing.
What to do if the tenant claims they paid or disputes the debt
If the tenant says they paid but you have no record of it, ask them to show proof: a cancelled check, a bank transfer receipt, a money order stub, or a written receipt you gave them. If they cannot produce proof, the court will likely believe your records, especially if you have documentation of when payments were received and when they stopped.
If the tenant claims a repair problem gives them the right to withhold rent (called a repair-and-deduct claim in some states), the court will consider it. Some states allow tenants to withhold rent for serious habitability issues; others do not. If the tenant raises this defense, be prepared to show that the property was in good condition or that you made repairs when asked. The judge will decide whether the withholding was legal.
If the tenant claims they gave you cash and you have no receipt, it becomes a he-said-she-said situation. The court will look at your payment records, any pattern of late payments, and whether the tenant's story is consistent. Keep written records of every payment method you accept and confirm receipt in writing whenever possible.
Costs and what to expect if you win
Filing costs include the court fee ($50 to $300), service of process (if you use a sheriff or process server, usually $50 to $150), and your time. If you win, you can ask the court to order the tenant to pay your court costs and filing fees. Whether the court awards these costs depends on your state's law and the judge's discretion.
You cannot recover attorney fees unless your lease specifically allows it and your state law permits it. Most states do not award attorney fees in non-payment cases unless the lease says otherwise. If you hire a lawyer, that cost comes out of your pocket unless you win and the court orders the tenant to pay it.
If the tenant does not pay the judgment, you will need to pursue collection or file an eviction case. Both cost additional money and time. Many landlords find that the cost of court and collection exceeds what they recover, especially if the tenant has no income or assets to seize.
Frequently Asked Questions
Can I evict a tenant without going to court first?
No. You must file a case in court and receive a judgment or eviction order before you can remove a tenant. Self-help eviction — changing locks, removing belongings, or shutting off utilities — is illegal in all states and can result in fines or criminal charges against you. The court process is the only legal way.
What if the tenant pays part of the rent but not all of it?
You can still file for non-payment of the unpaid portion. Document what was paid and what is still owed. The court will issue a judgment for the remaining balance. Accepting partial payment does not waive your right to collect the rest, but it may affect the timeline if the tenant claims they are working out a payment plan with you.
Do I have to give the tenant a pay-or-quit notice, or can I go straight to court?
Most states require a written pay-or-quit notice before you file in court. The notice period is usually 3 to 5 days. A few states allow you to file without notice in certain situations, but this is rare. Check your state's landlord-tenant law or ask the court clerk whether notice is required in your county.
What if the tenant moves out after I file but before the hearing?
You can still pursue the judgment for the unpaid rent. The case does not stop just because the tenant left. You will still have a hearing, and if you win, you can use the judgment to collect the debt through wage garnishment or other collection methods. The tenant's departure does not erase what they owe.
Can I file a non-payment case if the tenant is current on rent but broke another lease rule?
No. A non-payment case is only for unpaid rent. If the tenant broke another rule — noise, unauthorized occupants, damage — you would file a different type of case, usually called a lease violation or nuisance case. The procedures and timelines are different. Ask the court clerk which case type applies to your situation.