Common Legal Pitfalls in Property Management
In the rental real estate industry, specific legal pitfalls often land a property owner or manager in 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:
- Delivering a habitable living environment for tenants
- Swiftly managing maintenance and repair requests
- Observing local and federal housing and anti-discrimination laws
- Handling security deposits justly
- Executing legal eviction processes when warranted
Without diligence, landlords can violate a tenant’s rights in various ways—denying a disabled person a lease or mishandling personal belongings during an eviction can trigger 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
Neglecting to provide proper maintenance and repairs is another prevalent legal pitfall connected to tenant rights. The law requires landlords to keep a rental property safe and habitable, and failing here can lead to 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—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
Luckily, rental property owners and managers can do several things to prevent legal issues from occurring. Here are key measures:
- Clear and Comprehensive Lease Documents: Produce lease documents that are explicit, comprehensive, legally sound, and outline key terms. Discuss them with tenants to ensure clarity, then follow the terms closely and encourage tenants to do the same.
- Training on and Adherence to Fair Housing Laws: Stay informed about local and federal housing regulations to meet legal standards. Grasp your obligations under the law and consider training to manage housing law disputes skillfully.
- Effective Communication and Documentation: Encourage consistent, upbeat communication to elevate tenant satisfaction. Commend tenant efforts, seek their feedback, and tackle maintenance and repair requests quickly, offering updates on work done on the property. Track all communications and agreements with tenants, including calls, with a professional demeanor.
- Proactive Maintenance: Formulate and maintain a proactive maintenance plan. A strict maintenance schedule protects the property and its tenants.
- Fair Tenant Screening and Eviction Procedures: Apply fair, uniform approaches to tenant screening, applications, and leasing. Perform detailed screenings and background checks and confirm references. In an eviction, comply with state and local laws, including timelines, notices, and proper handling of a tenant’s personal property.
Protect Your Business with Legal Precautions
Property owners and managers should understand their responsibilities, take preemptive action, and implement sound management strategies to avoid common legal pitfalls and lawsuits. Seeking legal guidance when in doubt or confronting a tenant taking legal action is a wise move. This ensures safety for you, your tenants, and your property.
Need assistance making your property management legally sound? Contact your local property management experts in Westmoreland County; Real Property Management Regions’ experts are ready to help. Get in touch with us online or call 804-491-3348 today.