Managing a property can be hard work and overwhelming. People are expecting you to juggle a lot of responsibilities. Aside from property management, you must also attend to your tenant’s needs. If you fail to meet their requests and if they think you have violated the contract, they can file for lawsuits.
Having a tenant file a lawsuit is probably the most dreaded thing for a landlord. Unfortunately, it has become quite a common occurrence. There are ways to prevent this from happening. But what if it did? Here is a guide to identifying the lawsuits that tenants can file and how to deal with them.
Safety and health codes violations
One of the roles of a landlord is to provide a safe environment for his tenants. Having a safe place with all the necessary amenities and services will help you avoid complaints from your customers. But if there is no running water, molds are present, or heating is unavailable, it will render your property unlivable. You have to make sure that these issues are dealt with immediately because it will urge your tenants to hold off paying their rent, or worse, move out of their unit.
How to deal with it:
The best possible way is to prevent it by performing property inspections before the new tenant moves in. You can also give them a copy of the inspection report. If there are complaints, attend to it immediately.
The tenants will appreciate it more if you are responsive and approachable. You must also encourage them to file complaints if there are necessary repairs to be made because they will be staying at the property more than you and more familiar with what happens inside it.
Unlawful inclusions in the lease agreement
As we all know, the lease agreement is a legal document between landlords and tenants. You may have the advantage of writing it and make it suitable to your liking, but do not forget that it should also benefit your tenants. For example, you can impose a no-pet policy, but you are not allowed to prohibit service animals because they are for the tenant’s well-being.
How to deal with it:
Always check your state laws. You have to be very careful when making your lease agreement and make sure that it does not violate the law. Base your contract on the federal, state, and local laws, so that you will not have to worry about lawsuits.
Security deposit claims
A lot of concerns will ensue when discussing the security deposit. You can use the security deposit for repairs, unpaid rent, and replacing damaged items to the property. Some tenants will insist that certain damages is just normal wear and tear. They can file a lawsuit if they think the landlord’s basis for deducting repair costs from the security deposit is not valid.
How to deal with it:
How to handle deductions and refunds of security deposits must be clearly stated in the lease agreement. Specify what damages you will consider as beyond the normal wear and tear. That way, you will avoid any confusion and arguments over security deposits.
Violating their privacy
Technically, the property belongs to you but visiting it without consent from your tenant is a clear violation of their privacy. There are exceptions, of course. For emergency cases, you can be allowed to visit without prior notification.
How to deal with it:
There are state laws that apply to this situation, so you better check those. Specific laws will determine how long a landlord should notify a tenant before any inspection. Double-check your lease agreement and discuss it with your tenants.
Inequity
It is normal to choose the best tenants after a thorough screening. However, your basis must be non-discriminatory. According to the Fair Housing Act, you are not allowed to reject a tenant based on race, religion, disabilities, etc.
How to deal with it:
The first thing is to review your application form and remove anything that might sound discriminatory. Do your research on the other factors that would imply discrimination in your rental form or ad. You can also seek a professional to go over your documents.
Simply put, be a good landlord to your tenants and religiously perform your duties. Provide them the property you promised when you posted your listing at Padleads, or to the other web pages you syndicated it. If you do it right, you might never have to face a lawsuit in your life.