Managing a rental property, along with dealing with tenants, can be a complex aspect when operating a rental business. That’s because you often have to complete tasks such as sending reminders about late rent, scheduling repairs around their presence, and conducting inspections.

Unfortunately, with stringent tenant protection laws in many states, a simple misstep can blur the lines between routine management tasks and landlord harassment claims. That’s why collaborating with a San Antonio Texas property management company can establish professional boundaries and standardized notice periods for inspections. Continue reading this article as we discuss more guidance for property owners to avoid landlord harassment claims.

Difference between Lease Enforcement and Harassment

Before diving into what you should or shouldn’t do, it would be best to establish the difference between lease enforcement and harassment, so you know when a tenant’s complaints have grounds.

For starters, lease enforcement is the legitimate application of agreed terms in your tenancy contract. In other words, it’s simply ensuring tenants adhere to the lease as both parties originally agreed, or correcting them within the stipulations of the law when they violate that lease. Sending a renter a written 48-hour notice that you plan to inspect the unit is part of lease enforcement.

In comparison, harassment differs from lease enforcement because it is forceful and coercive behavior intended to intimidate the tenant into doing your will. For example, instead of tendering a written notice for inspection, harassment looks more like barging in at odd hours. Simply put, it’s any behavior that interrupts your tenants’ right to quiet enjoyment.

Common Situations that Lead to Harassment Claims

Frequent Inspections

‘Over-inspecting’ is one of the fastest ways to trigger a harassment claim. Yes, you have the right to schedule routine visits to ensure the property is in good condition, but sending a notice every week or conducting surprise inspections is excessive. Instead, stick to a predictable quarterly or bi-annual schedule, and remember to give the mandatory 24 – 48 hour notice stipulated in your state’s laws. These same laws guarantee the tenants’ right to quiet enjoyment, and knowing you can enter at any time violates that right. Remember that this doesn’t extend to genuine emergency cases.

Poor Communication Tone

Tone frequently crops up in harassment claims because it’s not only about what you say, it’s how you say it. As a result, using abusive, aggressive, or threatening language when addressing your tenants won’t fly, even if you have a valid reason. Your best bet to avoid a suit is to ensure all communication with renters remains respectful and professional, whether verbal or written. Other ways of communicating that can count against you include making multiple calls or texts in a short time or messaging them at odd hours.

Handling Late Rent

Managing a tenant who’s late on their rent can be tricky. On one hand, they’re clearly violating their lease agreement, which could have ripple effects on your maintenance and mortgage responsibilities. However, they still have their tenant rights, at least till you evict them. That means knocking on their door or calling them incessantly until they pay should be avoided. Cutting off essential utilities, even for short periods, can be considered an example of landlord harassment. If you’re getting frustrated with a tenant who has exceeded their grace period, you can send them a written notice to “Pay or Quit,” and if they still fail to pay up, start a formal eviction process.

Maintenance Delays

Another action that’s often viewed as landlord harassment is intentionally delaying repairs to frustrate tenants. It’s not uncommon for property owners to delay repairs due to frustration with prior interactions, which can create legal and compliance risks. However, this behavior can be taken as a breach of the warranty of habitability and leave you with a steep fine. The best practice is to respond within a reasonable timeframe, typically 24 hours for emergencies and 72 hours for others. If you have a genuine reason for delaying your repairs, ensure you keep the tenant in the loop.

Best Practices to Avoid Harassment Claims

Establish Clear Communication

Create a defined method for tenants to reach out to you when they have complaints, and check it regularly. It would be best to opt for more neutral platforms, such as a dedicated property management software or email, to avoid the personal friction that comes with text messaging. Also, let your tenants know when you’ll be available for non-emergency complaints, and stick to communicating with them during those hours as well. Remember to also keep track of your correspondence.

Follow Legal Entry Procedures

Stick to your state’s legal procedure for entering a rental apartment. Most jurisdictions require that you give tenants 24 to 48 hours’ notice before entering their apartment, despite including it in your lease agreement. Also, include your purpose for the inspection instead of leaving it vague. Annual HVAC filter replacement sounds a lot better than an ambiguous general inspection and validates your purpose for entering the apartment.

Enforce the Lease Consistently

Stay neutral in your tenant management and apply lease terms consistently across all tenants to avoid potential fair housing or discrimination concerns. If you waive the late fee for one tenant, you have to do the same for all tenants, or it could be taken as discrimination. That’s why we recommend having all your property rules written down so you can refer to them whenever a tenant steps out of line.

Maintain Proper Documentation

Keep track of all your written interactions with tenants. Despite your best efforts to maintain professional behavior and follow the law, one or two tenants may still feel slighted and want to take it up in court. That’s fair. But there’s no reason for you to meet them unprepared. In such circumstances, time and date-stamped documentation is your best protection. That should include inspection or rent notices, payment records, and all communication with tenants.

Conclusion

There’s a thin line between landlord harassment and lease enforcement, and property owners who aren’t able to distinguish the two can land in hot water. However, if you remember to keep all communication professional and give tenants sufficient notice before entering their apartment, you can reduce the risk of disputes while maintaining compliance. Lastly, it would also be best to be fair when enforcing lease rules and keep track of your interactions to protect your reputation and peace of mind.