Common Legal Pitfalls in Property Management
In the rental real estate industry, certain legal pitfalls can plunge a property owner or manager into a lawsuit or legal nightmare. Here are the top 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 must ensure they treat residents fairly and equally while complying with fair housing laws. State and federal housing laws establish landlord responsibilities, such as:
- Maintaining a habitable living environment for tenants
- Responding promptly to maintenance and repair requests
- Following local and federal housing and anti-discrimination laws
- Correctly managing security deposits
- Adhering to legal eviction processes
Errors like refusing to 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, requiring landlords to provide proper notice before entering. Failing this can lead to serious legal consequences.
Negligent Maintenance and Repairs
Another frequent legal pitfall linked to tenant rights is neglecting to provide proper maintenance and repairs. The law requires landlords to keep a rental property safe and habitable. Ignoring this duty may result in personal injury, illness, or damage to personal property, exposing the property owner to 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
Thankfully, there are many things a rental property owner or manager can do to prevent legal issues:
- Clear and Comprehensive Lease Documents: Craft lease documents that are legally sound, with key terms clearly defined. Go over the lease with tenants to ensure clarity, then follow the terms closely and hold tenants accountable.
- Training on and Adherence to Fair Housing Laws: Keep up-to-date on local and federal housing regulations to understand your obligations under the law. Seek training for handling common issues tied to housing law disputes.
- Effective Communication and Documentation: Prioritize regular communication to boost tenant satisfaction. Encourage feedback, address maintenance and repair requests quickly, and provide updates on work done on the property. Record all communications and agreements with tenants and maintain a professional demeanor.
- Proactive Maintenance: Establish a proactive maintenance plan with a strict maintenance schedule can keep the property and your tenant safe.
- Fair Tenant Screening and Eviction Procedures: Apply consistent and fair practices in tenant screening with thorough background checks. For an eviction, follow state and local laws and ensure 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 stay informed, act decisively, and implement sound management strategies. When unsure, seek legal advice to prevent a tenant taking legal action. This safeguards you, your tenants, and your property are protected.
For help ensuring your property management practices are legally sound, contact property management experts in Brush Prairie. Reach out to Real Property Management Vancouver—get in touch with us online or call 360-975-4683 today.