It’s the situation every landlord dreads: you have a signed lease with a tenant for your property, they’re all moved in, and now they’re causing problems. Depending on the severity of the issues, a simple conversation is all that’s needed. Other issues prove more challenging, so we’ve come up with some tips on the best ways to handle a problem tenant.
Know the Law
The first thing you need to do is research the laws governing rental properties in your area. They vary by state and city, so be sure to get very specific in looking up all the laws that apply to your area. There are statutes designed to prevent landlords from taking advantage of their tenants, but there are also laws that protect landlords. Know your rights and know the rights of your tenants.
Update Your Lease
Ideally, you want to do this try to avoid any problems before they begin by including terms in your lease that define problem areas and what the consequences will be to tenants who don’t act in accordance with the lease agreement. The lease is a contract that defines the relationship between the landlord and the tenant, so it is of the utmost importance that you make your expectations clear in the lease.
In the event that doing so doesn’t successfully avoid problems, it can help you deal with problems when they do arise by laying down the groundwork and a procedure for how you should act if a tenant becomes a problem. If a tenant does become problematic, be sure to stick to your own policies and procedures when dealing with the problem.
This starts with the lease and should go all the way up to eviction (if it comes to that). You should also have your own incident reports people can fill out any time there’s a complaint, and keep in mind this should go both ways. While you’re documenting every time your tenant causes problems, you should also give them a chance to document complaints against you. Provide them with a report they can fill out and make sure you both keep a copy of that report. The report should also include if and how you handled the situation so you can avoid any surprises coming back to bite you.
Any time you get an email or text message from neighbors complaining about your tenant, keep all those emails so you have a record of complaints. Also keep emails and text messages exchanged between you and your tenant and keep notes of conversations and phone calls, even the positive ones.
Late rent payments, warnings, notices served, complaints, and maintenance requests should also all be carefully documented.
If the cops are ever called to come to your rental unit and there’s a police report, get a copy of that report.
Keep It Professional
Plenty of problem tenants have their share of sob stories, and while you should always be respectful and understanding, you are not there to dole out favors. You are there to run a business, and if they’re not holding up their end of the agreement, for any reason, you need to act in accordance with your policies and procedures.
If you have any other questions about how to handle a tenant who’s causing problems for you, don’t hesitate to contact an experienced attorney today.
The attorneys at Sherer Law Offices have been providing legal representation for real estate cases, criminal cases, and all types of family law for more than 25 years. Our experienced divorce attorneys will take the time to really listen to your unique situation so that they can plan strategies that can best protect your best interests.