There are a variety of options for landlords who are being harassed by tenants, including using the legal system, to handle the situation.
What is Harassment?
Harassment is any act by the tenant that causes or is intended to cause harm to the landlord. Considering that many landlords and tenants reside in the same general area, it is very possible for a tenant to cause disturbances and negatively impact the living environment. In doing so, the tenant would violate the covenant of quiet enjoyment.
Harassment can take many different forms. Here are some common examples of harassment by tenants:
- Causing excessive property damage. A tenant may not excessively destroy the landlord’s property.
- Refusing to pay rent. A tenant must pay rent on time and try to keep doing so.
- Refusing to leave when evicted. Landlords have the right to evict tenants. When tenants don’t comply with an eviction notice, it can be considered harassment.
- Threatening communications. Anything that threatens the landlord’s well-being, whether verbally or orally.
- Assaulting the landlord. The tenant physically causes harm to the landlord.
What to Do When a Tenant Harasses You
There are certain steps that you as a landlord can take to address tenant harassment. Handling the situation in a way that doesn’t lead to legal repercussions is crucial.
Ask the Tenant to Stop
The first step you should take as a landlord is to talk with the tenant. You could write a note to the tenant through email, text, or a letter. Ensuring that the communication is written is essential to keeping as evidence. If you write a letter or leave a note, take a picture of it.
It is possible that the tenant is unaware of the consequences of continuously engaging in harassing behavior. Clearly explain the impact of the tenant’s actions and what could happen in the long run, such as termination of the lease. If the tenant agrees to stop, you and the tenant can continue carrying out the existing lease agreement.
Start the Eviction Process
If the tenant continues to keep harassing you even after you have asked them to stop, you have every right to evict them. While the same eviction process generally applies for every state, there can still be certain different notice requirements to be aware of.
Landlords are required to notify the tenant of lease violations. Once notice requirements are met, then you can file a case with the court to begin the eviction process.
Report Dangerous Behavior to the Police
It’s possible that the harassment you’re experiencing could leave you feeling unsafe because of threats or aggressive behavior.
If this is the case, call the police immediately. They can protect you and help you feel safe. If the threats are severe, it might be possible to obtain a restraining order so you never have to see the tenant again.
Document Everything
Document all the communications and actions related to the harassment for your court case. Having records of your interactions with the tenant will only help your case, as it provides a foundation for why you are entitled to compensation or other courses of action.
If the tenant has a lawyer, you can send them the documents. If the lawyer deems that you have sufficient documentation, they could suggest that the tenant drop the lawsuit since they don’t have a strong case.
Stay Calm
By allowing cooler heads to prevail, you might be able to come to an agreement that could otherwise have been jeopardized by acting out of anger. Moreover, reacting negatively could put you at risk of being charged with retaliation.
What Not to Do When a Tenant Harasses You
Certain actions you do not want to take when you are facing a harassing tenant can also make your relationship with the tenant worse and lead to more altercations.
Threaten the Tenant Back or Respond Angrily
If a tenant threatens you, you should never threaten them back. When threatened, it is critical to remain professional and respond calmly so as not to say or do anything you may regret later.
The reason why threatening a tenant could be detrimental is that you could violate laws that prevent landlord retaliation. In a court of law, the tenant could misconstrue your conduct as retaliatory, and you could pay the consequences.
Change the Locks
Removing or changing locks could violate your state’s laws and be construed as landlord harassment. Doing so will not only escalate the situation but could also be used against you in a court of law.
Remove the Tenant’s Belongings
Similar to removing or changing the locks of the rental premises, removing the tenant’s belongings may also be against the law. The tenant has the right to quiet enjoyment of their home, and it’s generally illegal for landlords to remove the tenant’s belongings.
Ways to Avoid Tenant Harassment
With some prevention, you can likely avoid most instances where a tenant might harass you.
Run a Thorough Background Check
Although background checks may be common, ensure that they are very thorough. A background check allows you to discover any criminal history, eviction reports, credit reports, and anything else that could raise red flags.
Contact Previous Landlords
Another method of understanding the tenant’s background is asking previous landlords. The previous landlord can discuss everything related to the previous tenancy, including any problems or disputes.
When there are no previous landlords, it might be possible to gain information about the tenant’s employer, which could also give insight into the tenant as a person.
Form Good Relationships with Your Tenants
Ensure that your relationship with your tenant is good. Creating a good relationship with tenants lowers the risk that they will decide to harass you or cause you any problems.
