Common Legal Pitfalls in Property Management
In the rental real estate industry, a few recurring legal pitfalls often plunge a property owner or manager into a lawsuit or legal nightmare.
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:
- Ensuring a habitable living environment for tenants
- Promptly managing maintenance and repair requests
- Observing local and federal housing and anti-discrimination laws
- Administering security deposits equitably
- Executing legal eviction processes when necessary
Landlords can easily violate a tenant’s rights if inattentive—denying a disabled person a lease or mishandling personal belongings in an eviction can ignite costly lawsuits. The right to privacy also mandates that landlords provide proper notice before entering, with noncompliance risking serious legal consequences.
Negligent Maintenance and Repairs
Failing to provide proper maintenance and repairs is another legal pitfall rooted in tenant rights. The law requires landlords to keep a rental property safe and habitable, and overlooking this can result in personal injury, illness, or damage to personal property, potentially entangling a property owner in 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—from another. It grants the lessee (the tenant) use of the property while securing the lessor (the property owner or landlord) regular payments for a specified period in exchange. When lease documents are hazy or poorly defined, misunderstandings can escalate into legal action.
Proactive Steps to Prevent Legal Issues
The upside is that rental property owners and managers can do plenty to prevent legal issues from arising. Here’s how:
- Clear and Comprehensive Lease Documents: Produce lease documents that are lucid, complete, legally sound, and specify key terms. Walk tenants through them to ensure clarity, then follow the terms closely and encourage tenants to do likewise.
- Training on and Adherence to Fair Housing Laws: Stay current with local and federal housing regulations to meet legal standards. Grasp your obligations under the law and consider training to handle housing law disputes adeptly.
- Effective Communication and Documentation: Build regular, constructive communication to improve tenant satisfaction. Commend tenant efforts, seek their feedback, and respond to maintenance and repair requests quickly, sharing updates on work done on the property. Record all communications and agreements with tenants, including calls, professionally.
- Proactive Maintenance: Formulate and adhere to a proactive maintenance plan. A strict maintenance schedule ensures safety for the property and tenants.
- Fair Tenant Screening and Eviction Procedures: Apply consistent, fair approaches to tenant screening, applications, and leasing. Perform thorough screenings and background checks and confirm references. In an eviction, follow state and local laws, including timelines, notices, and proper handling of a tenant’s personal property.
Protect Your Business with Legal Precautions
To avoid common legal pitfalls and lawsuits, property owners and managers must comprehend their duties, act ahead of issues, and implement sound management strategies. Seeking legal guidance when uncertain or confronting a tenant taking legal action is a smart move. This protects you, your tenants, and your property.
Want help making your property management legally sound? Contact your local property management experts in Buhl; Real Property Management Magic Valley’s team is ready to support you. Get in touch with us online or call 208-734-4001 today.