Avoiding Landlord Harassment Claims: Best Practices for Property Owners

Being a landlord comes with some real responsibilities. You need to collect rent, maintain the property, and enforce the lease. There can be situations where even well-meaning landlords face harassment claims from tenants. These claims can lead you to legal trouble, fines, and a damaged reputation. Read on as we will share a few useful tips on how you can avoid landlord harassment claims.

Difference between Lease Enforcement and Harassment

There is a fine line between enforcing your lease and harassing your tenant. Understanding the distinction is half the battle.

Lease enforcement is simply making sure your tenants stick to the terms of their lease. Collecting rent on time, addressing lease violations, and maintaining your property in good condition are all examples of lease enforcement. This is all well within your rights as a landlord.

Tenant harassment occurs when a landlord's actions are considered threatening, intimidating, or invasive by a court of law. When deciding if you're harassing your tenant, the court will consider your intentions as well as how often you've taken these actions. If you do something that makes your tenant feel threatened or uncomfortable in their home, that can be harassment, regardless of your intentions.

So, what's the difference? Enforcement is by the book. Harassment is not.

If you want to be on the safe side, it is better to hire a professional property manager. Bay Property Management Group offers standardized processes with inspections and provides formal notices to your tenants.

Common Situations that Lead to Harassment Claims

Harassment claims rarely stem from poor behavior. More often than not, they're caused by repetitive actions over a period of time. Here are the top offenses that lead to harassment complaints.

Frequent Inspections

As a landlord, you have every right to enter your property. However, entering too frequently or without appropriate notice is overstepping your bounds. Tenants are allowed to peacefully enjoy the property they're renting. Weekly showings or walk-ins are intrusive and can make tenants feel monitored. Create a standardized inspection policy and require written notices for all entries, including additional inspections for safety or lease violations.

Poor Communication Tone

It's not just what you say to tenants, it's how you say it. Rude texts, menacing voicemails, and aggressive emails can be used as evidence against you. You may feel like you have every right to be angry, but your tone could make an otherwise professional conversation look threatening. Keep all conversations civil, factual, and professional.

Handling Late Rent

No one likes paying rent late, but harassing your tenant over it will only hurt you if legal action is taken. Multiple calls per day, personally visiting your tenant's residence, or threatening eviction before the grace period are harassment. Follow your lease agreement and your state's landlord-tenant laws to the letter.

Maintenance Delays

Property repairs can also turn into harassment cases. If a tenant submits a request to you and you ignore it, they may assume you are intentionally trying to punish them. This can hold if the request was made after they complained about something or during a dispute. Some courts view this type of neglect as retaliation or harassment. Always reply to maintenance requests in writing and complete the repair in a reasonable amount of time.

Best Practices to Avoid Harassment Claims

First things first, owning up to these tips will not make you a lawyer overnight. However, following them will significantly reduce your chances of getting sued.

Establish Clear Communication

Make expectations known from the get-go. When a tenant moves into your property, let them know how and when you would prefer to be contacted, but remain open to alternative methods such as phone calls, text, or e-mail. Ensure your move-in packet informs tenants that they may request an alternative communication format as a reasonable accommodation.

When something does need to be addressed, stick to the facts. Do not express how you feel. "You're always late with your rent, and it's ridiculous." becomes "Your rent payment for the month of March was received five days late. According to Section 4 of your lease agreement, you will be charged $50." Tenants who are informed about what landlord harassment is also tend to communicate their concerns more constructively.

Follow Legal Entry Procedures

All states have specific statutes detailing how much notice landlords must provide before entering a rental unit. In most states, the notice period is anywhere from 24 to 48 hours. Be sure you know what your state requires and follow those rules religiously. Never enter a rental without first providing proper notice.

Always provide written notice to the tenant stating the date, time, and purpose of your arrival. Be sure to keep a copy of that notice with your files. If the tenant unlawfully denies you entry, write that down too. Properly following entry laws demonstrates a good-faith effort on your part and can help you avoid liability down the road.

Enforce the Lease Consistently

Apply lease provisions equally to all tenants. Document any exceptions with a written, objective business justification. Enforce lease provisions consistently across the general tenant population, but establish a clear and interactive process for handling Reasonable Accommodation requests.

When a tenant does break the lease, provide written notice as outlined in the lease agreement. Be sure to follow your state's legal guidelines as well. It can be tempting to skip steps when you're angry, but every requirement you satisfy is another layer of protection for you.

Maintain Proper Documentation

Documentation is your best protection against false claims. Keep files on every lease violation, maintenance request, inspection, and payment. Hold onto all written communication, including emails and certified mail receipts.

If a tenant tries to sue you for harassment, your files will speak for themselves. Without proper documentation, it becomes a he-said-she-said situation. Use a spreadsheet or property management software to ensure everything you put into writing is dated and time-stamped.