How to Recover Rent From an Evicted Tenant (w/Examples) + FAQs

Yes, landlords can recover unpaid rent from an evicted tenant — but eviction alone does not guarantee repayment. A landlord must obtain a money judgment during or after the eviction proceeding and then actively enforce that judgment using methods such as wage garnishment, bank levies, property liens, collection agencies, or small claims court. Under the Consumer Credit Protection Act (CCPA), federal law caps wage garnishment at 25 percent of a tenant’s disposable earnings, and every state imposes its own additional rules that affect what you can — and cannot — collect.

According to the Princeton Eviction Lab, landlords filed over one million eviction cases in 2024, with an eviction filing rate of 7.8 percent across tracked cities. The National Apartment Association reports that an average of $92 per U.S. apartment unit is lost annually to uncollected debt. The gap between money owed and money recovered is wide — and it often surprises landlords who assume that winning an eviction case means the money will follow.

Here is what you will learn in this article:

• 🔍 How to obtain a money judgment for unpaid rent and the step-by-step court process to enforce it
• ⚖️ Which collection methods — wage garnishment, bank levy, lien, or collection agency — work best depending on your state
• 📋 The exact statute of limitations for unpaid rent recovery in key states and how missing it destroys your claim
• 🛡️ How a tenant’s bankruptcy filing affects your ability to collect and what the automatic stay means for your case
• 💡 The most common mistakes landlords make when trying to recover rent — and how to avoid each one

What Federal Law Says About Collecting Unpaid Rent

No single federal statute governs how landlords collect unpaid rent. Instead, a patchwork of federal laws sets boundaries on how you collect, not whether you can collect. The most important federal law in this area is the Consumer Credit Protection Act, specifically Title III, which limits how much of a tenant’s paycheck a landlord can garnish after winning a court judgment.

Under the CCPA, the maximum a creditor can garnish is the lesser of 25 percent of the tenant’s disposable earnings (gross pay minus legally required deductions) or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. As of 2026, the federal minimum wage remains $7.25 per hour, making that threshold $217.50 per week. If a tenant’s disposable earnings fall below $217.50 per week, their wages cannot be garnished at all — even with a valid court judgment.

These limits apply in every workweek, whether the employee worked a full week or a partial one. If a state’s garnishment law results in a lower amount being taken, the state law governs. This means the federal limit is the ceiling, and some states set the bar even lower.

The Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) also plays a role, though it applies differently depending on who is doing the collecting. The FDCPA does not apply to landlords collecting their own debts. However, the moment a landlord hires a collection agency or an attorney to collect on their behalf, those third parties become “debt collectors” under federal law.

As debt collectors, they cannot call before 8 a.m. or after 9 p.m., cannot misrepresent the debt amount or consequences, cannot share debt details with friends, family, or employers, and must provide a written debt validation notice within five days of first contact. If the tenant disputes the debt within 30 days, the collector must stop collection efforts and verify the debt before proceeding.

If a landlord uses a name other than their own to collect, courts have found that the FDCPA can apply to the landlord directly. In Florida, attorneys who send three-day eviction notices on behalf of landlords must include FDCPA disclosures and a mini-Miranda warning, essentially turning that attorney into a regulated debt collector. Violating the FDCPA can expose you to statutory damages of up to $1,000 per violation, plus the tenant’s attorney fees.

The Consumer Financial Protection Bureau (CFPB) has also published guidance specifically for tenants about their debt collection rights, signaling increased federal interest in how landlords and their agents pursue unpaid rent.

Bankruptcy and the Automatic Stay

Federal bankruptcy law adds another layer of complexity. When a tenant files for bankruptcy, an automatic stay goes into effect immediately under 11 U.S.C. § 362. This stay freezes all collection activity — lawsuits, garnishments, bank levies, phone calls, letters, and even informal requests for payment.

If you already have a judgment for possession before the tenant files bankruptcy, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) generally allows you to proceed with the physical eviction without asking the bankruptcy court to lift the stay. This was a major change from prior law, where tenants could halt evictions entirely with a last-minute bankruptcy filing.

If you do not yet have a possession judgment, the automatic stay blocks the eviction. You must file a motion for relief from the automatic stay with the bankruptcy court. Common grounds for this motion include the tenant’s failure to pay post-petition rent, an expired lease, or evidence of property damage.

Landlords should also file a proof of claim with the bankruptcy court to be recognized as a creditor. In a Chapter 13 case, this could mean partial repayment through the debtor’s repayment plan over three to five years. In a Chapter 7 case, unsecured debts like unpaid rent are often discharged entirely, meaning the landlord collects nothing on the pre-petition balance.

One critical rule: post-petition rent — rent that becomes due after the bankruptcy filing — is not protected by the automatic stay. If the tenant fails to pay rent accruing after the filing date, the landlord can seek relief from the stay and proceed with eviction for that new nonpayment.

After a bankruptcy discharge, attempting to collect discharged debts violates the discharge injunction under 11 U.S.C. § 524 and can lead to contempt penalties, sanctions, and the landlord being ordered to pay the tenant’s legal fees. Landlords must confirm whether the specific rent debt was discharged before pursuing any further collection.

How to Get a Money Judgment for Unpaid Rent

Evicting a tenant and collecting money from that tenant are two separate legal actions. Many landlords make the critical mistake of thinking eviction automatically entitles them to back rent. It does not. A landlord must specifically request a money judgment during or after the eviction proceeding to establish a legal right to collect.

During the Eviction Case

In most states, the landlord can request both possession of the property and a money judgment for unpaid rent in the same eviction case. In California, for example, the landlord files an unlawful detainer action and can include a claim for back rent, late fees, and property damages on the same court forms. If the tenant fails to respond, the landlord requests a default judgment for both possession and money damages using the Request for Entry of Default (CIV-100) and Judgment — Unlawful Detainer (UD-110) forms.

In Florida, the process works in two stages. The landlord can obtain a possession judgment relatively quickly — especially if the tenant fails to deposit rent into the court registry within five business days of being served. But to recover money damages, the landlord must wait at least 20 days and then set a hearing specifically to prove the dollar amount owed. At that hearing, the landlord presents evidence of the total balance — including rent arrears, contractual late fees, and damages beyond normal wear and tear.

After the Eviction

If the landlord did not request a money judgment during the eviction, a separate lawsuit is required. This is typically filed in small claims court (for smaller amounts) or civil court (for larger amounts). Filing a separate case means additional court fees, additional time, and potentially the need for legal representation — all of which could have been avoided.

The statute of limitations clock begins ticking from the date each rent payment was originally due, the date the tenant vacated, or the date the eviction finalized, depending on the state. Consult your state’s specific rules to avoid filing too late.

Step-by-Step Process

1. Serve proper notice. Most states require a written notice to pay rent or vacate before filing (3 days in Florida and California, 14 days in New York for nonpayment, 3 days in Texas).
2. File the eviction complaint. Include a request for money damages in the body of the complaint. Be specific about the amount owed and how you calculated it.
3. Attend the hearing. Bring the signed lease, a detailed rent ledger, photos of the property, bounced check records, and copies of all written communications.
4. Obtain the judgment. If the court rules in your favor, you receive a judgment specifying the exact amount the tenant owes, including court costs.
5. Record the judgment. File the judgment with the county recorder or clerk. This creates a public record and, in many states, an automatic lien on any real property the debtor owns in that county.
6. Enforce the judgment. Use writs of execution, garnishment orders, or bank levies to actually collect the money (covered in detail below).

Six Ways to Collect After You Win a Judgment

Winning a judgment is step one. Enforcing it is where the real work — and the real frustration — begins. Courts do not collect money for you. The landlord must actively pursue enforcement using one or more of the following methods.

1. Security Deposit Offset

The simplest and fastest recovery method. Nearly every state allows landlords to deduct unpaid rent, late fees, and repair costs from the tenant’s security deposit. But the landlord must follow strict state-specific rules regarding timing, documentation, and notice.

In Florida, the landlord has 30 days after move-out to send a written notice of claim against the deposit by certified mail. The tenant then has 15 days to object. In California, the landlord has 21 days to return the deposit or provide an itemized statement of deductions. Failing to follow these timelines can result in penalties — in some states, the landlord may owe two to three times the deposit amount back to the tenant.

Security deposits rarely cover the full amount owed. If a tenant owes $6,000 in back rent and the deposit was $1,500, the landlord still needs to recover the remaining $4,500 through other means. Think of the security deposit as a partial cushion, not a full solution.

2. Wage Garnishment

After obtaining a money judgment, a landlord can apply to the court for a writ of execution, which enables wage garnishment. The writ is sent to the tenant’s employer, who must withhold the court-ordered amount from each paycheck and send it to the landlord until the judgment is satisfied.

In California, 25 percent of the tenant’s disposable earnings are subject to garnishment. The process begins with applying to the court for a writ of execution — only one writ can be outstanding per county at a given time. Once issued, the landlord instructs the sheriff or process server to serve the writ on the employer.

There are important state exceptions. Texas, South Carolina, and North Carolina prohibit wage garnishment entirely for civil judgments. A landlord in Houston or Charlotte cannot garnish a former tenant’s wages no matter how large the judgment. Pennsylvania is a unique case — it prohibits garnishment on most civil judgments except for landlord-tenant residential lease claims for unpaid rent or property damage.

For wage garnishment to work, the landlord must know the tenant’s employer. If the tenant works as an independent contractor or receives only 1099 income, garnishment does not apply because there is no employer to serve. A judgment debtor examination can help uncover this information.

3. Bank Account Levy

A bank levy allows the landlord to seize funds directly from the tenant’s bank account. The landlord requests a writ of garnishment from the court, which is then served on the tenant’s financial institution. The bank freezes the account and remits funds up to the judgment amount to the landlord.

This method can be powerful because it captures a lump sum rather than drip-feeding payments over months. However, it requires knowing where the tenant banks. If the tenant has already emptied the account or switched banks, the levy comes back empty.

Certain funds are exempt from bank levies under federal law. Social Security benefits, Supplemental Security Income (SSI), veterans’ benefits, and certain other government payments cannot be seized — even if they are sitting in a regular checking account. Banks are required to review the account for protected deposits before honoring the levy.

In Colorado, the landlord files a Writ of Garnishment and serves it on the bank, which must respond within a specified number of days. Many states require the landlord to pay a small filing fee for the writ — typically $15 to $75.

4. Property Lien

If the judgment debtor owns real property — a house, land, or even a commercial building — the landlord can record the judgment as a lien against that property. In Colorado, a county court judgment lien lasts six years; a district court judgment lien lasts 20 years. While the lien is in place, the debtor cannot sell, refinance, or transfer the property without first satisfying the judgment.

This method requires patience. The landlord gets paid only when the property is eventually sold or refinanced. But for tenants who own a home or land, a lien creates enormous leverage. Many debtors settle when they realize the lien is blocking a home sale.

In some states, the landlord can even petition to foreclose on the judgment lien, though this process is complex and typically requires an attorney.

5. Collection Agency

If direct collection proves difficult — or if you simply want to hand off the burden — you can assign the debt to a third-party collection agency. The agency pursues payment on your behalf and, if the agency reports to credit bureaus, the collection account appears on the tenant’s credit report as a significant negative mark.

Collection agencies typically charge a commission of 25 to 50 percent of the amount collected, with no upfront fee. However, recovery rates for rental debts are notably low. Industry data shows agencies recover between 15 and 30 percent of the total debt placed with them. The National Apartment Association emphasizes that the higher the balance, the less likely it is to be collected in full — meaning that tacking on large lease-break fees or accelerated rent may actually reduce total recovery.

Timing is one of the most critical factors. The Association of Credit and Collection Professionals states that for every 30 days a delinquent account remains unworked, the debt becomes 16 percent less likely to be collected. Eviction and skip accounts should be sent to collections immediately after move-out. For other balances, placement within 30 to 60 days maximizes recovery potential.

When selecting a collection agency, verify that the agency reports to all three major credit bureaus (Equifax, Experian, and TransUnion), has experience with rental debt, carries proper state licensing, and follows the FDCPA strictly. An agency that violates the FDCPA exposes both itself and the landlord to liability.

6. Credit Bureau Reporting

Even if the money is never recovered, reporting unpaid rent to credit bureaus serves as a powerful leverage tool and a deterrent for the tenant’s future borrowing and renting. Under the Fair Credit Reporting Act (FCRA), landlords or their agents can report a tenant’s unpaid balance for up to six years and nine months from the original delinquency date.

There are two practical paths to get unpaid rent on a credit report. The first is through a collection agency that reports to the three major bureaus. The second is through a dedicated rent reporting service, which allows property managers to report both positive and negative payment history.

Since the 2017 settlement between 29 state attorneys general and the three major credit bureaus, small claims judgments no longer appear on credit reports because the courts do not collect enough identifying data to meet the bureaus’ standards. However, collection accounts still appear and carry significant negative weight — often dropping a tenant’s credit score by 100 points or more.

Landlords cannot report directly to credit bureaus without becoming an approved data furnisher, which requires meeting specific criteria and signing data-sharing agreements with each bureau. For most individual landlords, using a collection agency or rent reporting platform is the practical path.

The Judgment Debtor Examination

One of the most underused tools in a landlord’s collection arsenal is the judgment debtor examination — also called a debtor’s exam or supplemental proceedings. After winning a judgment, if the tenant refuses to pay and you do not know where they work, bank, or hold assets, you can ask the court to order the tenant to appear and answer questions under oath about their finances.

At the examination, the landlord or their attorney can ask about:

• Current employer, job title, and income
• Bank account locations and approximate balances
• Real property owned in any state
• Vehicles, valuable personal property, and investments
• Other debts owed to third parties
• Sources of additional income, including freelance work, rental income, or government benefits

The tenant must appear. Failure to show up can result in a bench warrant, a finding of civil contempt, and in some jurisdictions, arrest. The court takes debtor examinations seriously because they are central to the judgment enforcement system.

In many states, the landlord can request the debtor bring specific documents — bank statements for the past six months, recent pay stubs, the most recent tax return, vehicle titles, and real property deeds. This turns the examination into a targeted, evidence-backed fact-finding mission that guides the landlord’s next enforcement step.

If the examination reveals the tenant is truly judgment-proof — no income, no assets, no property — the landlord can note this and revisit the judgment later. Judgments are valid for years (often 10 to 20 years, renewable in many states), and a person’s financial situation can change dramatically. A tenant who is judgment-proof today may have a steady income and assets five years from now.

State-by-State Nuances

Federal law sets the floor. State law determines how high landlords can reach — and how much red tape stands in the way. Understanding these differences is essential for any landlord operating across state lines or in a state with unique restrictions.

Small Claims Court Limits

Filing fees for small claims typically range from $30 to $100, depending on the amount claimed. In California, for example, the fee is $30 for claims up to $1,500, $50 for claims up to $5,000, and $75 for claims up to $12,500.

If the amount owed exceeds the small claims limit, the landlord must file in civil court, which involves higher filing fees, longer timelines, and often the need for an attorney. Some landlords choose to reduce their claim to fit within the small claims limit to avoid these costs.

Statute of Limitations for Unpaid Rent

The statute of limitations sets a hard deadline for filing. Miss it, and the claim is gone forever — regardless of how much the tenant owes.

The clock typically starts on the date each individual rent payment was due, not the date the tenant moved out. Each missed monthly payment has its own limitations period. Some states restart the clock if the tenant makes a partial payment or acknowledges the debt in writing — but relying on this is risky.

Duty to Mitigate Damages

In most states, landlords have a legal obligation to make reasonable efforts to re-rent the property after a tenant breaks the lease or is evicted. If the landlord fails to mitigate and the tenant raises this defense in court, the judge will reduce the damages award by the amount the landlord could have collected from a replacement tenant.

The majority of states require mitigation. States with no statutory duty to mitigate include Arkansas, Minnesota, Mississippi, Pennsylvania, and Vermont. However, courts in some of these states may still require it under general contract law.

In Texas, the duty to mitigate is codified in Texas Property Code § 91.006 and cannot be waived by a lease clause. Any lease provision that attempts to waive this duty is void. In California, Civil Code § 1951.2 requires mitigation but also allows the landlord to keep the lease in effect and collect rent as it accrues — provided the lease gives the tenant the right to sublet or assign.

What counts as “reasonable efforts”? The landlord does not have to go to extraordinary lengths. Following your normal rental marketing process — listing the unit online, scheduling showings, and screening applicants to the same standards — is sufficient. You do not have to lower the rent, accept an unqualified applicant, or prioritize the vacant unit over other available units in your portfolio.

Wage Garnishment Restrictions by State

Not every state lets landlords garnish wages, even after a court judgment. This is one of the most important state-level distinctions.

In states that prohibit garnishment, bank levies, property liens, and debtor examinations become the primary enforcement tools.

Three Real-World Scenarios

Scenario 1: Tenant Leaves Owing Three Months’ Rent

Maria rents an apartment in Houston, Texas for $1,400 per month. She stops paying in September, October, and November. Maria moves out in December without notice, owing $4,200 plus contractual late fees totaling $350.

Key takeaway: In Texas, wage garnishment is off the table. Landlords must rely on bank levies, property liens, and debtor exams to enforce judgments. Knowing this before the case determines your enforcement strategy.

Scenario 2: Tenant Files for Bankruptcy After Eviction

James rents a house in Orlando, Florida for $1,800 per month. He is evicted after five months of nonpayment, owing $9,000 in back rent. Two weeks after the sheriff executes the writ of possession, James files Chapter 7 bankruptcy.

Key takeaway: Chapter 7 bankruptcy often eliminates unpaid rent entirely. Landlords should file a proof of claim but must be prepared for a total loss on pre-petition amounts. The lesson here is speed — the faster you pursue collection before a bankruptcy filing, the better your chances.

Scenario 3: Tenant Has Assets and Income — Full Recovery

Priya rents a condo in Brooklyn, New York for $2,200 per month. She breaks the lease with eight months remaining and moves out, owing $4,400 in unpaid rent for two months she occupied the unit without paying. She works full-time as an IT specialist earning $85,000 per year.

Key takeaway: A tenant with steady W-2 employment and identifiable assets is the most collectible type of debtor. Prompt mitigation efforts protect the landlord’s claim in court and prevent the tenant from arguing that the landlord sat idle.

Mistakes to Avoid

Even experienced landlords lose money by making avoidable errors during the rent recovery process. Here are the most damaging ones — along with the specific consequences of each.

1. Not requesting a money judgment during the eviction.
Many landlords focus only on regaining possession and forget to ask the court for a monetary award. Without a money judgment, you cannot garnish wages, levy bank accounts, or file liens. You would need to file a separate lawsuit afterward — costing additional filing fees, service fees, and months of time.

2. Missing the statute of limitations.
Each missed rent payment has its own statute of limitations. In California, a landlord with a written lease has four years from each payment’s due date to file. Waiting too long means losing the right to sue for the oldest payments, even if the tenant clearly owes the money and has the ability to pay.

3. Failing to mitigate damages.
In states that require mitigation, a landlord who leaves the unit sitting empty for months without listing it, showing it, or making any effort to re-rent risks having the court slash the damages award. Document your mitigation efforts — screenshots of online listings, emails to prospective tenants, and a log of showings.

4. Not collecting essential data at move-in.
The National Apartment Association reports that collection agencies recover up to three times more from tenants whose files include a Social Security number, date of birth, and driver’s license number. Without this information, finding the tenant later for service of process, collections, or garnishment becomes far harder and more expensive.

5. Waiting too long to send accounts to collections.
Industry research shows that for every 30 days a delinquent account sits unworked, it becomes 16 percent less likely to be collected. Sending the debt to a reputable collection agency within 30 to 60 days of move-out maximizes the chance of recovery and the accuracy of the tenant’s contact information.

6. Violating the FDCPA through a third-party collector.
If a landlord hires an attorney or collection agency that violates the FDCPA — by calling at prohibited hours, misrepresenting the debt, or failing to send a validation notice — the landlord may share liability. Choose partners who carry compliance certifications and have experience with rental debt.

7. Trying to collect a discharged bankruptcy debt.
After a tenant receives a Chapter 7 discharge, attempting to collect the pre-petition debt is a direct violation of the discharge injunction. Penalties can include contempt of court, monetary sanctions, and the landlord being ordered to pay the tenant’s attorney fees.

Do’s and Don’ts

Do’s

• Do request a money judgment during the eviction proceeding. This saves you from filing a second lawsuit and gives you immediate enforcement tools like garnishment and levy.
• Do document everything from day one. Maintain the signed lease, rent ledger, bounced check records, photos of property condition at move-in and move-out, and all written communications with the tenant.
• Do mitigate damages promptly. List the unit for rent within days of regaining possession. Keep a written log of your marketing activity — listing URLs, showing dates, and correspondence with prospective tenants.
• Do act quickly on collections. Whether filing in small claims or sending to a collection agency, the speed of your response is directly tied to recovery rates.
• Do consult a landlord-tenant attorney in your state. State laws vary widely, and a consultation costing $150 to $300 can prevent a $5,000 or $10,000 mistake.

Don’ts

• Don’t assume eviction equals collection. Eviction removes the tenant from the property. A separate money judgment and enforcement process is what collects the money.
• Don’t harass the tenant. Even when collecting your own debt, aggressive tactics can expose you to liability under state consumer protection laws and potentially the FDCPA if you use a false business name.
• Don’t ignore a tenant’s bankruptcy filing. Violating the automatic stay is a federal offense that can result in sanctions, damages paid to the tenant, and attorney fee awards.
• Don’t inflate the balance with questionable fees. The higher the balance, the lower the collection agency’s recovery rate. Stick to legitimate, documented charges that the lease supports.
• Don’t wait until the statute of limitations is nearly expired. By then, the tenant may have moved out of state, changed jobs, drained their accounts, or become judgment-proof.

Pros and Cons of Each Recovery Method

Selling Abandoned Property

When a tenant is evicted or abandons the property, they may leave personal belongings behind. Some states allow landlords to sell this abandoned property and apply the proceeds toward the outstanding rent balance.

However, the rules are strict and vary by state. In California, landlords must provide written notice to the tenant (at the last known address) describing the property and allowing at least 15 days for the tenant to claim it. If the total value of the property is under $700, the landlord can keep, sell, or dispose of it. If the value exceeds $700, the property must be sold at a public auction.

In Texas, landlords may remove and store personal property, but state law restricts seizing property as payment for unpaid rent unless the lease contains a specific lien clause — and even those clauses have been narrowed by courts over time.

Landlords who improperly dispose of or sell a tenant’s abandoned belongings without following their state’s notice and waiting-period requirements can face lawsuits for the value of the property and, in some states, statutory penalties.

FAQs

Can a landlord sue for unpaid rent after eviction?
Yes. A landlord can file a lawsuit for unpaid rent in small claims or civil court, subject to the state’s statute of limitations, which ranges from 2 to 10 years depending on the state and whether the lease was written or oral.

Can I garnish a tenant’s wages for unpaid rent?
Yes, in most states — but only after obtaining a court judgment. Federal law caps garnishment at 25% of disposable earnings. Texas, South Carolina, and North Carolina prohibit wage garnishment on civil judgments entirely.

Does an eviction show on a tenant’s credit report?
No, not directly. Since a 2017 settlement with 29 state attorneys general, eviction judgments no longer appear on credit reports. However, unpaid rent sent to a collection agency will appear as a collection account and damage the tenant’s credit score.

What if the tenant has no money or assets?
No, you likely cannot collect immediately. The tenant is considered “judgment-proof.” However, the judgment remains valid for years — often 10 to 20, renewable in many states — and you can enforce it later if the tenant’s financial situation improves.

Can I keep the tenant’s security deposit for unpaid rent?
Yes, in nearly all states. Landlords can deduct unpaid rent from the deposit. Each state sets strict timelines and written notice requirements. Failure to comply can result in penalties of two to three times the deposit amount.

How long do I have to collect unpaid rent?
Yes, there is a time limit. The statute of limitations for unpaid rent typically ranges from 3 to 6 years for a written lease, depending on the state. After that window closes, you lose the legal right to sue — though collection agencies may still attempt voluntary recovery.

Can I recover unpaid rent if the tenant files bankruptcy?
No, in most Chapter 7 cases. Pre-petition unpaid rent is typically discharged in full. In Chapter 13, the landlord may receive partial payment through the debtor’s court-approved repayment plan over 3 to 5 years, but full recovery is uncommon.

Is hiring a collection agency worth it?
Yes, if you have strong documentation and act quickly. Recovery rates for rental debt range from 15 to 30 percent nationally, and agencies charge 25 to 50 percent commission. The credit impact alone motivates many tenants to negotiate a settlement.

Can a landlord collect unpaid rent without a written lease?
Yes. Oral and month-to-month tenancies still create a legal obligation to pay rent. The landlord can sue for unpaid amounts, though the statute of limitations is often shorter for oral agreements — two years in California versus four years for written leases.

Do I need a lawyer to collect unpaid rent?
No, not always. Landlords can represent themselves in small claims court without an attorney. However, for larger claims, complex judgments, wage garnishment motions, or bankruptcy situations, hiring a landlord-tenant attorney is strongly recommended.