What Does It Mean to Pay the Default Amount When Renting a House?

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    Default Payment

    • If you are forced to pay the default amount by your landlord, it is most likely because you broke the terms of your lease and did not make a payment. In this case, your default amount is the security deposit, which your landlord will take as a result of you not satisfying the rental payment terms. This amount is normally equal to one month’s rent, but in some cases it may be more. Additionally, if you decide to move out of the rented house prior to the expiration date of the rental agreement, your landlord may be entitled to keeping a portion or all of your security deposit.

    Legal Action

    • If you enter into a rental agreement on a house and fail to pay the landlord the appropriate amount as outlined by the agreement, the landlord has the right to sue you to recover the payment you owe. For instance, if you break your rental agreement and fail to pay three months' worth of payments at $800 monthly, your landlord can sue you for $2,400 worth of unpaid rent. The law says that you must be properly served with the lawsuit, so you should receive notice from your landlord that a lawsuit has been filed.

    Judgment

    • When one party has failed to satisfy a particular action as agreed upon with another party, a default judgment by the court is made. For example, if somebody sues you and you fail to file a response in a reasonable amount of time or fail to show up for a hearing in court, you may be issued a default decree by the court declaring the other party to be the winner in the case. If you fail to pay rent by breaking your rental agreement, the default judgment will be to declare the landlord the winning party. An order stating how money you must pay will then be applied.

    Collection

    • After your landlord has taken your default payment amount (your security deposit) and has sued you for any other outstanding rental payments, the landlord can take collective actions that may involve placing a lien against your personal property or garnishing your wages. Appropriate collective actions will vary from state to state. The landlord can take these actions only once the court has issued judgment. Once judgment is placed in favor of the landlord, she gains the right to collect the payments owed.

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