When rent has not arrived: check the account, then talk to the tenant

First, rule out a payment problem

Rent missing from your account on the due date is not yet unpaid rent. Bank transfers can sit in transit over a weekend or holiday, ACH payments settle on their own schedule, and payment apps sometimes reject a transfer because of an expired card, a daily limit, a security hold or changed account details. Check your own deposits, the platform’s notifications and any unassigned payments, and make sure the money was not posted to another unit.

Then consider the tenant’s side. A tenant may believe an automatic payment went through when the sending bank quietly returned it, or may have switched payment methods. If you know exactly what has and has not arrived before you write, the conversation stays on facts, which makes the problem easier to fix and easier to document.

• Bank deposits, pending ACH items and payment platform logs.
• Platform rejection notices, expired payment details or limit alerts.
• Your own bookkeeping, to confirm the payment was not posted to another unit.

Keep a ledger you can rely on

Memory and scattered text messages do not hold up when a balance is disputed. Keep one ledger per tenancy, with rent listed separately from any other lawful charges. For each period, record the amount due under the lease, what arrived, the date it arrived and the remaining balance, so you can see at a glance whether this is one short payment or a balance building over several months.

Add the evidence: the bank confirmation or trace number, the platform reference or a check image. While a balance is open, log each contact: the date, how you reached the tenant, what the tenant said and the next step. Notes written at the time settle later questions about what was paid and what was agreed.

• Due date, billing period and the amount due under the lease.
• Date received, amount received and the transaction reference.
• Running balance, with the date and outcome of each contact.

The first message

Keep it short, factual and in writing. The aim is to find out whether something went wrong with the payment, not to warn or threaten. Say that this is an account check, not a notice ending the tenancy. Keep late charges in their place too: under the security deposit law, a lease cannot impose interest or a penalty for late rent until 30 days after the rent was due.

A short message can read: “Hello, our account review for this month shows that rent for the current period has not posted to the account. Could you check your bank or payment app to see whether the transfer went through or was returned? If it was sent, please share the confirmation number or receipt so we can trace it with our bank. If something went wrong with the transfer, please let us know when it should arrive. This is an accounting check to keep our records matched.” It gives the tenant room to check and keeps the record factual.

• Name the period and the missing amount, without guessing at reasons.
• Ask for the confirmation number or receipt so the payment can be traced.
• State that the message is an account check, not a notice to quit.

If rent is genuinely unpaid: payment plans and repairs

If the balance is genuinely unpaid and you are considering a payment plan, write down the amounts, the dates, the payment method and which balance the plan covers. If a notice has been served or the matter is disputed, ask an attorney to review the plan before you finalize it or accept payments under it. The state’s eviction guidance notes that an owner can waive the right to rely on an earlier notice to quit, for example by accepting rent in advance without a written reservation of rights or by signing a new rental agreement. A sentence saying that nothing else changes does not by itself settle those effects.

Repairs run on their own track. If the tenant raises a maintenance problem during the rent conversation, log it, schedule a qualified tradesperson and fix it on the normal timeline. Never make a repair conditional on catching up. The owner must keep the unit habitable throughout the tenancy, the tenant may ask the local board of health to inspect, and the Attorney General’s guide notes that certain landlord actions taken within six months after a tenant reports conditions are presumed to be retaliation.

• Installment dates, amounts and payment method in writing.
• Which balance the plan covers, with counsel reviewing its effect on the lease and any notice.
• Repair requests logged and handled separately, on the normal schedule.

Deposits and self-help: what the law rules out

The security deposit is the tenant’s money, held in a separate account under c.186 §15B. Unpaid rent is one of the deductions the law allows, but deductions belong to the process of returning the deposit after the tenancy ends, with its own deadline and rules. Do not draw on the deposit mid-tenancy to cover a missing month, and get advice on the specific account before making any deduction.

Under c.186 §14, a landlord may not willfully fail to provide utilities or services the landlord is required to furnish, interfere with the tenant’s quiet enjoyment, or try to regain possession by force without a court process. Changing the locks or removing a tenant’s belongings falls on the wrong side of that line. A violation can make the landlord liable for actual and consequential damages or three months’ rent, whichever is greater, plus costs and attorney’s fees, and that amount can be set off against rent owed.

A tenant who stops answering has not necessarily given up the unit. If there is a real emergency, such as a burst or freezing pipe, deal with the safety problem through the proper channels. Recovering possession of the unit still has to go through the court.

• No mid-tenancy draws on the deposit to cover rent.
• No utility shut-offs, lock changes or removal of the tenant’s belongings.
• Emergencies handled for safety only; possession recovered only through the court.

When talking does not resolve it

Free, voluntary mediation is available before any court case through the state’s Housing Mediation Program, run by local community mediation centers. A mediator helps both sides work out whether and how arrears can be paid and can refer them to rental assistance or legal help. A mediator does not give legal advice, and agreeing to mediate does not by itself pause the lease or any legal deadline.

If the tenancy has to end, the first legal step for nonpayment is a written 14-day notice to quit, unless the lease says otherwise. If the tenant does not leave, the landlord must file a summary process case in court, where the tenant can raise defenses and counterclaims, such as unrepaired conditions or retaliation. Have an attorney confirm the notice, how it is delivered and the process for your tenancy before you start, rather than relying on an online form. A court case does not guarantee a completion date or full recovery of the balance.

For that review, bring the signed lease and any amendments, the ledger, the bank or platform records, and the correspondence in date order, with confirmed facts, disputed amounts and the tenant’s explanation marked separately. Keep handling repairs and communicating lawfully while the matter is under review.

• Signed lease, amendments and current contact details for the tenant.
• The ledger, with bank statements and payment records.
• Dated correspondence, with no home-made legal notices.