Common Legal Pitfalls in Property Management
In the rental real estate industry, various legal pitfalls can lead a property owner or manager into a lawsuit or legal nightmare. Here are the primary 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 treat residents fairly and equally and ensure they’re complying with fair housing laws. State and federal housing laws outline landlord responsibilities, such as:
- Providing a habitable living environment for tenants
- Handling maintenance and repair requests swiftly
- Following local and federal housing and anti-discrimination laws
- Properly managing security deposits
- Adhering to legal eviction processes
Mistakes like denying a 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, with serious legal consequences for non-compliance.
Negligent Maintenance and Repairs
Failing to provide proper maintenance and repairs is another legal pitfall tied to tenant rights. The law requires landlords to keep a rental property safe and habitable. Neglect can cause 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
The good news is that there are many things a rental property owner or manager can do to prevent legal issues before they start. These include:
- Clear and Comprehensive Lease Documents: Create lease documents that are legally sound and define key terms clearly. Go over the lease with tenants, then follow the terms closely and enforce them consistently.
- Training on and Adherence to Fair Housing Laws: Stay up-to-date on local and federal housing regulations to understand your obligations under the law. Train on handling common issues related to housing law disputes.
- Effective Communication and Documentation: Enhance tenant satisfaction with regular communication. Solicit feedback, address maintenance and repair requests promptly, and provide updates on work done on the property. Document all communications and agreements with tenants, maintaining a professional demeanor.
- Proactive Maintenance: 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 proactive and implement sound management strategies. When unsure, seek legal advice to prevent a tenant taking legal action, ensuring you, your tenants, and your property are protected.
For support ensuring your property management practices are legally sound, contact property management experts in Peachtree Corners at Real Property Management Greenway. Get in touch with us online or call 770-771-6102 today.