Tenant Lease Violations and How To Address Them
Having a strong legal rental agreement in place is the best way to protect your investment from unrecoverable damages. A well-written agreement not only sets the terms and conditions for occupancy but also outlines the consequences of any breach of contract by tenants.
It's not uncommon for tenants to break rental agreements, and as a landlord, it's your responsibility to address these violations. In this article, we will discuss different types of rental agreement violations, the legal rights of landlords, strategies for addressing them, and preventative measures to minimize the likelihood of future breaches.
Types of Rental Agreement Violations:
Non-Payment of Rent
This is one of the most common rental agreement violations and can have severe financial implications for landlords. To address this issue, landlords should establish clear rent payment policies and set due dates. If a tenant misses a payment, landlords should follow up with them immediately.
Property Damage
Tenants must respect the property and take care of it, and landlords must establish clear expectations for property upkeep in the rental agreement. In the event of damage, landlords should assess the damage and document it before charging the tenant for the cost of repairs.
Unauthorized Guests
This is another common violation, and it's essential to set guest policies in the rental agreement. Landlords must communicate the policy to tenants and take action if unauthorized guests are staying on the property for an extended period.
Breaking the Law
Violations that break the law, cause danger, or risk harm to others can result in legal action. Landlords should monitor tenant behavior and report any concerning actions to the authorities.
Subletting Without Permission
Subletting is usually not allowed in rental agreements, and tenants must seek approval from landlords before doing so. If a landlord finds out that a subletting arrangement took place without permission, legal action can be taken.
Legal Rights of Landlords
Eviction
If a tenant continually violates the rental agreement, landlords can initiate the eviction process. It's crucial for landlords to follow the legal eviction process when removing tenants.
Security Deposit Claims
Landlords can use the security deposit to cover costs associated with rental breaches, such as unpaid rent or property damage. Just be sure that you account for all money withheld in accordance with the law.
Civil Lawsuit
If tenants cause significant damage or hurt others while on the property, landlords can file a civil lawsuit. Civil lawsuits are filed independently from any eviction proceedings.
Strategies for Addressing Rental Agreement Violations
Written Notifications
Clear and consistent written communication is essential when addressing rental agreement violations. Landlords should try to speak to tenants regarding the breach and work with them to resolve the issue. These notices should outline the violation, give the tenant a period to get into compliance, and outline the consequences of unsatisfied and continued violations.
Professional Mediation
Sometimes, third-party mediation can help landlords and tenants reach an agreement. A professional mediator can assist in negotiating an outcome that works for both parties.
Working With/Through Lawyers
If the situation escalates, landlords can seek legal representation to help with the eviction process or file a lawsuit.
Prevention of Rental Agreement Violations:
Regular Property Inspections
Regular inspections can help landlords identify problems early and take proactive measures to rectify them. Inspections also help tenants feel valued when they see that the landlord takes an interest in the property, making them more invested in keeping it clean and safe. Setting a schedule for inspections is crucial to ensure that each unit is inspected at least twice a year. Creating a checklist to follow during inspections will ensure everything is covered and prevent biased opinions regarding tenants
Take Action Swiftly
When a lease violation is reported, it's crucial to act swiftly. Delay in taking action can lead to more significant problems that could put your property at risk. When you receive a report, investigate immediately, and gather all the necessary information. Contact the tenant involved in the violation and remind them of their responsibilities. If the violation continues, send a formal notice of lease violation and provide a time frame for the issue to be resolved. It's important to note that when a lease violation is not resolved within the specified time frame, the landlord has the right to terminate the lease agreement.
Hire A Professional Property Management Company
Lease violations can be stressful and time-consuming, especially when you have multiple properties to oversee. Working with a professional property management company can take the burden off you. A property management company will help handle the day-to-day needs of your property, including managing lease violations. With their expertise, you can rest assured that your property will be well-maintained, and lease violations will be proactively prevented or quickly resolved.
Know Your Tenant's Neighbors
An easy way to stay on top of property-related issues is to know what's happening in your community. Take time to introduce yourself to your neighbors, attend community meetings, and join local social media groups. The advantage of being familiar with your neighborhood is that they’ll notice when something's off, and can contact you before things get out of hand. When a tenant is aware that the landlord knows their neighbors, they're more likely to behave accordingly.
Conclusion
Being aware of the different types of rental agreement violations that can occur and being prepared to establish and follow procedures can minimize the financial and legal repercussions of tenant breaches. Landlords must take an active role in addressing rental agreement violations promptly to protect their properties and ensure tenant accountability. Finally, thorough tenant screening and clear rental agreements are key steps landlords can take to prevent future breaches.