Dealing With Bad Tenants
You will learn how to deal with common landlord-tenant problems, understand the different types and important steps to evict a tenant.
Tenant issues can range from hoarding to unauthorized roommates to late or no rent payments to illegal activities. Even with the most rigorous tenant screening process and property rules in place, if you are a landlord or property manager, you will deal with a problem tenant at some point during your career. It is essential to remain professional when dealing with any problem. Communicate clearly and quickly and take the necessary steps to ensure a safe and profitable rental.
This guide will help you to deal with common tenant issues and lease violations. A documented and strict approach to managing difficult tenants is key. Each state has its own laws, so make sure you consult your attorney to learn more about dealing with difficult tenants.
You Have A Problem Tenant
Perhaps the rent was due on time for the third consecutive day. You might have noticed that there was a lot of foot traffic at odd hours. Perhaps you have received complaints about a foul odor or loud music flooding your inbox. It is important to put emotions aside when you suspect that there may be a problem with one of your tenants. You should act quickly and calmly to resolve the situation. Tenant issues can be resolved if they are handled well. If not, tenants will be asked to leave. Before you attempt to resolve a problem with your tenant, there are some things that you should keep in mind.
Learn The Law
Every state and municipality has its own laws and ordinances. Ensure you have a clear understanding of your landlord rights and responsibilities, tenant rights, and the basic workings of specific notices and eviction procedures. To set up your policies, consult an attorney. The website of your state's Department of Housing provides more information about the law.
Follow The Policies And Procedures
Your tenant agrees to all rules and regulations of the rental property when they sign a lease agreement with you. Make sure these are clearly stated in your lease agreement, and provide your tenant with a hard or electronic copy as well. Before your tenant signs, make sure they are familiar with the terms of the lease.
The lease agreement should outline what tenants are allowed to do on your property, as well as the rent amount, due dates, and payment methods. You should also include guidelines about noise, resident to resident conflict resolution (if you rent a duplex or larger property), tenant responsibility, landlord responsibilities and guidelines on additional tenants, guests, smoking, property maintenance, and normal wear and tear.
Everything Should Be Documented
This is vital. This document will outline your policies and procedures to handle tenant complaints or problems. It will include communication forms, response times, communication methods, warnings, notices (when and how to serve them), and when you should escalate the matter. Additionally, you may want to conduct incident reviews with your tenants and create incident reports.
All interactions with tenants, good and bad, should be documented. Notify your tenants by taking notes on phone calls, saving emails and texts, and keeping track of late rent payments, notices sent, warnings received, complaints, notices, warnings, messages and other communications. Also, keep track of maintenance requests and requests for entry to the unit. You can either use CRM software to manage your tenants and units or create a spreadsheet. It doesn't really matter what method you use, as long as it is consistent for each tenant.
Training
Make sure that you and your staff are well-versed in your policies and procedures. Also, make sure they know the various types of termination notices and tenant warnings and incident reports. It can be easy for tenants to become emotional and get excited. Your staff and you must keep your professionalism intact, even if your tenant is emotional.
It may suffice to have a respectful conversation with your tenant to end an issue. If you have a non-legal concern, it is worth meeting with your tenant face-to-face. Some situations can be handled more efficiently by authorities. Talk about the problem and discuss the consequences for not adhering to the policies and rules. Instead of saying, "Let me know when the trash is removed," say, "Remove your trash from the hallway by Friday or you will pay a $400 fine." Consider taking a course on conflict resolution. These strategies and techniques will help you find a solution to a tenant problem.
It's Not Personal
Tenants will have a variety of stories, some good, some bad, and some very difficult. You should be understanding but also firm and consistent in sticking to your policies. They exist to protect your business and you. These discussions should be limited to those named on the lease. Families and significant others might be interested in getting involved. However, you must respect the tenant's privacy and only share details with them.
Treat Your Tenant The Way You Would Like To Be Treated
You should not allow tenants to hoard or pay late fees. These can be serious violations of your policies and can be difficult for them to talk about. Even if the issues aren't technically confidential, it is important to treat them with confidentiality. Be careful when you share information with neighbors or residents. If you have arranged a time and day to visit the unit, please be punctual.
Safety First. Take Safety Seriously
Call the police if you feel that a situation is putting someone in danger. Although you would like to treat your tenants professionally, this should not be at the expense of safety. Contact the authorities if your tenant is involved with illegal activities, and they will take care of the property. After that is resolved, you can proceed with the eviction process, independent of any criminal charges.
Notices Of Termination
As a landlord, there are many types of notices and warnings that you can use. You should check your local laws for how to serve the notice.
These are the three most popular notices:
Notice About Nonpayment Of Rent:
If a tenant fails or is late in paying their rent; the landlord can use it. Tenants must pay rent in a certain amount of time, or they will be forced to move out.
Cure or Quit Notice:
If a tenant breaches a term or condition in the lease, use. The tenant has a limited time period to fix the problem or move on.
Unconditional Quit Notice or Vacate Notice:
Tenant misuse can lead to serious, repeated or even fatal problems. The tenant cannot correct the problem.
All Notices Must Include The Following Basic Elements To Be Valid:
Name and Address Of The Tenant:
This information must be identical to the information on your lease.
Violation Details:
Add a note like "Please notice that you have violated certain covenant(s) in the Lease or Rental Agreement."
The Number Of Days The Tenant Must Comply:
Add a statement such as "You must correct or resolve the violation within _____ days of receiving this notice." You must leave the premises and take possession.
Date and Signature
Service Proof:
Indicate whether the notice was delivered personally, mailed a duplicate or posted it clearly at your residence. If the matter escalates, you will need to provide this documentation.
(consult a lawyer to confirm your state's requirements)
How to Handle Common Problems-Tenant Situations
Problem tenants can disrupt your business by selling illegal drugs or allowing pets to be kept unapproved. There are a few common offenders who keep popping up again and again. These are some of the most common problem tenants and strategies to deal with them.
Late-paying Or Non-paying
Tenants have one of their main responsibilities: to pay rent on time. Rent arrears directly impact your income stream. Your rental policies should clearly define what constitutes a late payment and what penalties will apply. You must act quickly and take action on any fines or other consequences. You will need to send a Nonpayment Notice to your tenant if they fail to pay their rent in full. This is the most commonly used termination notice. It informs the tenant that they must either pay their rent in full (usually within 14 days) OR leave.
Noisy and Disruptive Tenants
Residents, neighbors, and landlords are often annoyed by noisy tenants who fight, play loud music, or throw raucous parties. While they may argue that it is their right to be loud, tenants can also claim quiet enjoyment. This clause is included in lease agreements and prohibits tenants from harassing others, sexual harassment, and intimidation.
You should document any complaints received from neighbors. Keep track of the date and the details. If you need to bring the matter to court, this will be useful evidence. You should inform your tenant if they are disruptive and allow them to rectify the situation. Send a copy of the lease terms to your tenant if the problem persists. If it does not, you can send a Cure Notice or Quit Notice via mail or email.
The Property-Destroyer
Sometimes people are not as good at leaving spaces the way they found them. You can request that damages to your property be repaired if you discover that it has suffered more than normal wear and tear. Keep this document for your records. You can either hire a professional to fix the damage yourself if it is too difficult for the tenant to manage, such as a large hole in the wall. Send the tenant the bill once the repairs have been completed. You can suggest that the tenant pay the security deposit to cover the bill or set up a payment plan.
Send a Quit or Cure Notice if none of the above options works. Ask the tenant to vacate if they fail to make repairs or pay the damages after you have sent the notice. If the tenant intentionally or negligently damages your property, it should be explained in the lease.
Illegal-Activity
Some tenants are really bad. If you have evidence that your tenant is involved in illegal activities, such as illegal drug use or distribution, it's time to contact the police. Ask your local narcotics department if they have any reports about your residence.
Ask neighbors to call you and send you a note stating your observations. Then, suggest that they mail it to the local narcotics unit. It can be dangerous to deal with drug-affected people.
An arrest does not affect a tenant's rights to occupy a property. Your next steps will be determined by the terms and conditions of your lease if your tenant is imprisoned. You may need to serve an eviction notice to your tenant if the lease terms do not permit. It is best to contact an attorney in this case.
Annoying Tenants
These tenants are likely to flood your voicemail with complaints about their property and neighboring properties. They may request repairs, new appliances, paint or new flooring. Although you might prefer to leave the number on voicemail, you should treat them with respect. Be sure to record their requests. If they become a barrier to the business, you can sit down with them and discuss the issues. Simple conversations can make a big difference.
Someone Has Left Your Property
You should consult an attorney if you suspect someone has left your property. Although you may want to throw them out to make room for a new tenant, you will find strict guidelines in many states regarding how tenants should handle their belongings.
How To Evict Tenants
You cannot force the tenant to vacate the property or make threats. This is known as a "self help eviction", and it's illegal. You need to issue an eviction notice from the court before a legal eviction can occur. If you have tried to resolve the problem with your tenant or if there was an urgent need to evict the tenant (e.g., illegal drug use), it's okay to proceed with an eviction.
Send Your Notice
Notices to tenants are the first step in legal evictions. You should also include the time period that the tenant must comply with your request. You can ask the tenant to leave if they do not comply or "quitting."
Bring It To Court
You will need to consult the courts before you can proceed with an eviction. You should consult an attorney before you use the small claims court. This is for issues such as rent disputes and not immediate concerns such as evicting someone. You may also be able to expedite your case by using other courts within your jurisdiction, such as the municipal or superior justice, county, or circuit courts. You may be asked to provide multiple copies of your evidence (electronic or paper), including notices and warnings, as well as any other documentation relating to the tenant. You can position yourself better if you have more evidence to support your case.
Emotions can get high when dealing with troubled tenants. Things may not always go according to plan. You can resolve problems by remaining calm, focused, and adhering to your policies.
