The landlord-tenant relationship can be challenging at times. However, many issues can be resolved with professional communication and understanding. When situations escalate, property owners may find themselves accused of landlord harassment, leading to costly lawsuits and wasted time. Join us below as we explore what constitutes landlord harassment and the repercussions it can cause.
What Constitutes Landlord Harassment?
Disagreements can manifest in various forms. Landlord harassment is typically seen as the ongoing use of aggressive tactics to intimidate tenants. This includes disrupting their right to quiet enjoyment or coercing them to take action, such as vacating the property or refraining from filing a complaint they’re entitled to.
Accusations of landlord harassment are serious and should not be disregarded. As long as tenants aren’t violating the law or lease terms, they have the right to live in the property.
Common Examples of Landlord Harassment
Harassment can take many forms, often subjective. To avoid actions that could lead to a lawsuit and compensation, landlords should be aware of common examples of landlord harassment:
- Verbal or Physically Threatening a Tenant: Landlords cannot threaten tenants, whether verbally, through physical violence, or in writing.
- Sexual Harassment: Maintaining a professional relationship is crucial. Making inappropriate sexual advances or remarks can lead to a harassment lawsuit.
- Filing False Charges or Eviction: Filing false claims or issuing fake notices to intimidate tenants is illegal and considered harassment.
- Refusing Rent Payments: Refusing rent as a means of intimidation is considered harassment.
- Illegal Entry: Landlords must provide proper notice before entering the property, except in emergencies.
- Not Providing Proper Notice: Landlords must give proper notice for rent increases, maintenance entry, and eviction notices.
- Unlawfully Changing Locks: Locking out tenants without following legal eviction procedures is harassment.
- Removing Personal Belongings: Landlords cannot remove tenant possessions except in cases of abandonment.
- Cutting Off Amenities: Denying access to included amenities is considered harassment.
- Disrupting Utility Services: Interfering with basic utility services is harassment.
- Refusing Maintenance: Failing to perform necessary maintenance promptly can be seen as harassment.
- Creating Nuisances: Performing disruptive maintenance tasks is considered harassment.
Normal Actions That Are Not Considered Harassment
Certain actions are legal and within a landlord’s rights:
- Entering in an Emergency: Landlords can enter without notice in emergencies.
- Raising Rent: Rent increases are permissible with proper notice and within state guidelines.
- Changing Locks for Certain Circumstances: Lock changes for specific reasons, like domestic violence, are legal.
- Issuing a Notice to Quit: Properly notifying a tenant of lease violations is legal.
- Offering Cash for Keys: Offering a buyout to avoid eviction is legal if done correctly.
- Filing for Legal Eviction: Properly filing for eviction is legal under certain circumstances.
What Should You Do When Accused of Landlord Harassment?
The goal of any rental business is a positive landlord-tenant relationship. To protect themselves from harassment lawsuits, landlords should:
- Maintain communication logs.
- Keep detailed records.
- Use a buddy system for contentious interactions.
- Retain all relevant documents.
- Understand the law and comply with it.
- Seek legal help when in doubt.
Conclusion
A successful rental property business requires providing tenants with a safe, habitable living space. Refusing maintenance requests, intimidation, or retaliation will only harm both parties. For a stress-free solution, consider professional property management services.
For more information on landlord-tenant relationships, visit our blog or contact us today for expert advice.