How To Deal With A Tenant That Is Always Putting In Maintenance Repairs And Is Threatening

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February 28, 2022

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What is Landlord Harassment?

Landlord harassment is when the landlord creates conditions that are designed to encourage the tenant to break the lease agreement or otherwise carelessness the rental property that he or she is currently occupying. Landlord harassment is a specific set of behaviors that the police force recognizes and landlords can be punished for this kind of activity.

While sometimes it is hard to prove landlord harassment, more and more courts are recognizing this kind of behavior and imposing the appropriate legal penalties when the issues are brought to court.

10 Examples of Landlord Harassment

Failing to perform maintenance tasks in a timely and responsible manner
Withholding amenities that were previously allowed, such as pool privileges or landscaping services
Notices of improper conduct that are made up or exaggerated
Notices of improper acquit that single out the tenant while violations from other tenants are ignored
Refusing to have or otherwise admit proper payment of rent
Entering the property without but cause or proper discover, often repeatedly
Creating a nuisance (similar loud dissonance or throwing trash) that disrupts the tenant'due south ability to quietly enjoy the rental unit
Deliberate destruction of tenant's property
Threats of financial injury, such every bit reporting to a credit bureau or refusing to provide positive references to future landlords
Physical intimidation and threats of physical violence

Landlord harassment often happens when landlords experience similar they cannot wait for proper methods to raise the hire or non renew lease agreements. Many cases happen in strict rent-controlled areas where landlords want to get rid of current, lower rent tenants in favor of higher paying newer tenants.

Landlords who resort to these deportment are oft trying to avoid the expense of eviction and the hassle of removing a tenant in the proper, legal mode.

Even if the tenant is violating the lease understanding or the landlord has decided not to renew the lease understanding when it expires, there is no excuse and no valid reason for landlords to harass tenants.

In NYC a landlord can even exist fined somewhere between $one,000 – $ten,000 for harassment.

ten Examples of Tenant Harassing Landlord:

Tenant refuses to pay rent citing repair issues
The landlord constantly receives noise complaints about the tenant
The tenant sends threatening emails or texts to the landlord
The tenant pays rent in large amounts of change
The landlord goes through the proper procedures to raise hire and the tenant refuses to pay or leave the rental
The tenant violates the warranty of habitability of other tenants
The tenant shows up at the landlords domicile
A tenant assaults the landlord
The tenant refuses to follow parking guidelines
The tenant claims to have sent cash by mail for the rent and refuses to pay rent now

Landlord Retaliation

Another attribute of landlord harassment happens when the tenant has complained most the landlord to the building owner, an flat association or government bureau.

Information technology'due south called landlord retaliation and is recognized by the constabulary as behavior designed to punish a tenant for properly filing a valid complaint or organizing or joining a tenant spousal relationship or similar group. Tenants can also be protected from vengeful landlords if they properly withhold money from rent for repairs based on their state'southward laws.

If the tenant has issued a complaint about something a landlord has done or has not done, some landlords may feel offended or angry and set out to punish the tenant. In addition to the behaviors described previously, landlords often retaliate by starting the eviction process, raising the rent or irresolute something well-nigh the terms of tenancy.

Other retaliatory acts might include restricting or decreasing services. Although these things are perfectly acceptable for landlords to do when there are no issues between them and the tenant, they can be seen as an act of retaliation when performed before long after a tenant complaint.

The courts automatically recognize such action taken by a landlord (typically within six months) afterwards tenant action every bit retaliation. Therefore, if the tenant complains, the burden of proof is up to the landlord to show that their actions are not in retaliation for what the tenant has washed.

The landlord would demand to convince the court that they would have taken that action (heighten the rent, not renewed the lease agreement, etc.) regardless of what the tenant'southward actions were. If the action takes place some time and distance away from the tenant'southward protected action, it can still be proved to be retaliation but the burden of proof shifts to the tenant.

What to do if landlord is harassing tenant?

In most cities in that location is commonly an organization that repesents tenants and their rights. A quick local Google search should reveal if this is the case in your area. For example, here in Buffalo, NY nosotros have HOME (Housing Opportunities Made Equal) which any landlord or tenant can call to discuss issues or questions they accept.

Services like these are a practiced footstep if normal remediation techniques are not working or the tenant or landlord is being calumniating.

The Lesser Line

It's against the constabulary to use intimidation, coercion or harassment to attempt to get a tenant to vacate a rental holding. Information technology'due south also against the law to punish a tenant for a protected action.

To protect themselves from accusations, it'southward important for landlords to keep copies of all notices, letters, rental agreements, and more. It's also a skilful idea to write down summaries of phone conversations, note witnesses to conversations and otherwise document questionable actions.

For case, if a tenant makes a complaint to a government bureau and the landlord was planning on raising everyone's rent a few months later, he or she should certificate that all rents were raised, not just the detail tenant's hire.

Recognizing what kind of actions and behavior could constitute harassment is a disquisitional component for landlords to sympathize in successfully managing a rental property. Avoiding harassment, even if unintentional, is the all-time way to bargain with tenants and landlords should instead choose the proper, legal methods to manage their rentals.

Do you have any suggestions on how landlords tin ameliorate handle harassment accusations from tenants? Please share this article and permit us know in the comments section below.