Unpaid Rent — What To Do in the First 30 Days

The rent hasn’t hit the account. The tenant isn’t answering the phone. You are losing money with every passing day — and every mistake you make now will cost you later. Take a deep breath. Here is exactly what to do, day by day, in the first four weeks.

The essentials in 30 seconds

At the first delay, always try an informal contact before any formal letter.
If there is no response within 24 to 48 hours, immediately send a registered warning letter with acknowledgment of receipt, with an 8 to 10-day deadline for payment.
Without payment, the lease termination letter (Article 1083 of the Civil Code) clears the way for the PED at the BAS.
Never change the locks, cut off services, or remove the tenant’s belongings — these are illegal acts that harm the process.

Day 1: Try Informal Contact

Before sending any formal letter, try a quick and informal contact: a text message, WhatsApp, or a simple email. Something like:

‘Good morning [Nome], the rent for [mês] hasn’t arrived yet. Can you confirm if everything is alright? Thank you.’

Why start informally? Because sometimes it is simply a genuine oversight, a technical issue with the transfer, or a momentary difficulty that is resolved in hours. If the tenant responds and pays, you save yourself the entire formal process.

Important: if the tenant does not respond within 24 to 48 hours, or if they ask for an extension without committing to a specific date, move immediately to the next step. Do not waste more than 2 to 3 days in this phase.

Day 3–5: Formal Warning Letter (Template Included)

This is the most important piece of the entire sequence. Without this letter, you cannot start the eviction process later.

What the letter must include:

Date and full identification of the parties (name, address, NIF)
Reference to the lease agreement (date of signature, property tax article)
Overdue amount (rent amount and the month it refers to)
Deadline for payment — usually 8 to 10 days from the date of the letter
Notice that, in case of non-payment, the legal measures provided for in the NRAU will be taken

How to send: by registered mail with acknowledgment of receipt (AR). Keep the postal receipt and the AR when it arrives — they are proof that the letter was sent and received. Do not send only by email (it can be contested).

Aluseg Tip: if you use the AluSeg platform, you can generate this letter automatically and send it with registered digital confirmation.

Week 2: Lease Termination Letter

If 8 to 10 days have passed since the warning letter and the tenant has not paid or responded with a concrete commitment, it is time to take the next step: the lease termination letter.

What it means: the termination letter is the formal notification that you consider the contract terminated due to the tenant’s default, and that you grant them a period (usually 30 days) to voluntarily vacate the property.

Legal basis:

Article 1083 of the Civil Code allows the landlord to terminate the contract for non-payment of rent. The termination must be communicated to the tenant in writing — and it is this letter that constitutes this formal communication.

How to send: again, by registered mail with AR. Keep everything. This letter is the document that you will attach to the PED request at the BAS.

Week 3–4: Legal Consultation

If the tenant has not paid, has not responded, or has responded but failed to comply, it is time to consult a lawyer or solicitor specialized in leasing — especially if:

The tenant opposes the lease termination and claims to be in the right
The tenant may benefit from special protections (vulnerable, disabled, elderly)
There are doubts about the validity of the contract or its registration with the AT (Tax Authority)
The tenant carried out unauthorized works or caused significant damage

A legal consultation at this stage can save you months of proceedings and thousands of euros in procedural errors.

Next Steps: PED or Insurance?

If you don’t have rent guarantee insurance, the next step is to initiate the Special Eviction Procedure (PED) at the National Lease Counter (BAS). Check out our complete guide on the PED to learn how to do it step by step.

If you have rent guarantee insurance (GLI): report the claim to your insurance company — ideally before sending the termination letter, so the process stays synchronized.

Aluseg Tip: with AluSeg, reporting a claim is done online in less than 5 minutes, and the first payment arrives in 30 days.

What not to do (under any circumstances):

Do not change the locks — it is a crime of taking the law into your own hands.
Do not cut off electricity, water, or gas — it is illegal and could result in criminal action against you.
Do not remove the tenant’s belongings without a court order.
Do not accept partial payments without a written agreement regulating them — it can complicate the legal process.