By: Viraj Shah
Addressing tenant issues effectively requires balancing the rights of the tenant with the responsibilities of the property manager or owner. It is crucial to operate the property fairly while respecting the legal rights of all tenants. Seeking legal assistance is advisable to navigate these issues properly. An experienced attorney can provide guidance on resolving disputes between tenants and landlords, ensuring that actions are compliant with relevant laws.
First, Prevention
Many landlord-tenant issues could have been avoided if things had been written up properly. A well-crafted lease and a detailed tenant agreement will spell out the arrangement’s terms and ensure that neither party can find loopholes that allow them to exploit the other. This makes it easy to prevent future problems that can escalate to the point of legal action.
Advice for Appropriate Action
What are your options as a landlord when a tenant is behind on rent? How much liberty do you have to pursue payment? The answer to this question is complex. There are many factors to consider, and only an experienced attorney can guide you in the right direction to maximize your collection rates without opening the door to harassment charges or other legal action from the delinquent tenant.
Planning the Selection Process
Admitting new tenants is a challenging process. You want someone who will take good care of the property, be considerate of neighbors, and stay current on the rent. Sometimes, landlords must rely on gut feelings when comparing applicants. An attorney can advise a landlord how to handle the selection system so that those instincts are not later mislabeled as any discrimination or favoritism that could give a declined applicant grounds for legal action.
Encouraging Cooperation
Many issues with tenants start as minor problems that escalate when the tenant refuses to cooperate with the landlord’s requests. When the landlord has made several attempts to resolve problems with no success, a written notice from an attorney can become a powerful tool to encourage compliance.
Building an Adequate Case
Documenting issues with tenants requires meticulous attention to detail and often necessitates revisiting the initial lease and tenant agreement. This documentation is crucial, especially when multiple problems arise. In such situations, consulting with an attorney is advisable to clearly understand which issues may legally justify eviction. For example, tangible violations such as unpaid rent provide a clear legal basis for taking action, as they are quantifiable and explicitly breach the rental agreement. On the other hand, subjective issues like excessive noise or disruptive behavior can be more complex to address legally. These require a careful evaluation of lease terms against the reported behavior to determine if they indeed violate the terms sufficiently to warrant legal action. An attorney can help differentiate between these types of complaints, ensuring that any steps towards eviction are firmly grounded in legal precedent and the specific agreements made at the start of the tenancy.
Guiding Accommodations
Mobility and accessibility considerations are assured to tenants under the Americans with Disabilities Act. However, there are many legal questions surrounding what is required of each party in a lease situation. As a good landlord, you must strike a balance between doing what is required (and fair) and being exploited by a tenant.
Disclaimer: “The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.”
Published By: Aize Perez
