Common Legal Pitfalls in Property Management
In the rental real estate industry, several legal pitfalls can thrust a property owner or manager into a lawsuit or legal nightmare. Here are the key reasons a rental property owner or manager ends up in court.
Violating Tenant’s Rights
One of the most common reasons a rental property owner or manager ends up in court is violating one or more of a tenant’s rights. Property owners are responsible for treating their residents fairly and equally and complying with fair housing laws. State and federal housing laws outline landlord responsibilities, which typically include:
- Providing a habitable living environment for tenants
- Handling maintenance and repair requests swiftly
- Adhering to local and federal housing and anti-discrimination laws
- Properly managing security deposits
- Following legal eviction processes
Errors like denying a lease to a disabled person or mishandling handling a tenant’s personal belongings during an eviction are mistakes that can lead to costly lawsuits. Tenants also have a right to privacy, so landlords must provide proper notice before entering, or risk serious legal consequences.
Negligent Maintenance and Repairs
Failing to provide proper maintenance and repairs is another legal pitfall tied to tenant rights. The law requires landlords to keep a rental property safe and habitable. Neglect can cause personal injury, illness, or damage to personal property, putting the property owner at risk of a lawsuit.
Lease Disputes
A third common area with potential for legal pitfalls is unclear or misleading lease documents. A lease is a contract outlining the terms under which one party agrees to rent an asset—in this case, property—owned by another party. It guarantees the lessee, also known as the tenant, use of the property and guarantees the lessor (the property owner or landlord) regular payments for a specified period in exchange. When lease documents are vague, unclear, or not specific enough, misunderstandings and legal action can result.
Proactive Steps to Prevent Legal Issues
The good news is that there are many things a rental property owner or manager can do to prevent legal issues before they start. These include:
- Clear and Comprehensive Lease Documents: Ensure lease documents are legally sound and clarify key terms. Go over the lease with tenants, then follow the terms closely and enforce them consistently.
- Training on and Adherence to Fair Housing Laws: Stay up-to-date on local and federal housing regulations to understand your obligations under the law. Train on handling common issues in housing law disputes.
- Effective Communication and Documentation: Boost tenant satisfaction with regular communication. Encourage feedback, respond to maintenance and repair requests promptly, and provide updates on work done on the property. Record all communications and agreements with tenants, maintaining a professional demeanor.
- Proactive Maintenance: A proactive maintenance plan with a strict maintenance schedule can keep the property and your tenant safe.
- Fair Tenant Screening and Eviction Procedures: Use consistent and fair practices in tenant screening with detailed background checks. During an eviction, comply with state and local laws and handle handling of a tenant’s personal property appropriately.
Protect Your Business with Legal Precautions
Property owners and managers can avoid common legal pitfalls and lawsuits by staying proactive and implementing sound management strategies. If unsure, seek legal advice to prevent a tenant taking legal action, ensuring you, your tenants, and your property are protected.
Need help ensuring your property management practices are legally sound? Contact property management experts in Kyle at Real Property Management Instant Equity. Get in touch with us online or call 512-500-0422 today.