When you chose to become a landlord, you took on a role with serious responsibilities. Sure, owning rental property can be profitable and is a great way to build long-term wealth, but it’s not a free and easy street. As a landlord, you have legal obligations, and ignoring them or stepping over them can cause your tenants to take legal action against you, and courts are not forgiving of landlords who break the law.
While it’s important to focus on your business by managing profits and trying to do your best to set rules for your tenants to follow, it’s equally important to honor the rights of your tenants. If you don’t, you could end up in a legal battle, and if you’re in the wrong, it can cost you thousands of dollars.
Landlords should care about their tenants
First and foremost, it’s good for business to care about your tenants because that’s how you’ll keep them happy long-term. Tenants who want to renew their leases eliminate the cost of turnover and vacancies.
Plus, satisfied tenants are more likely to pay rent on time and follow the lease rules. However, when tenants feel like their landlord doesn’t care about them, or is actively trying to make their life hard, they will fight for their rights. No tenant should have to fight with their landlord over their legal rights.
When a tenant stands up for their rights, it can feel like an affront to your authority, but if they’re in the right, you could end up in big trouble. When you prioritize the rights of your tenants, you’re basically making an agreement with yourself and your tenants that says you care about their well-being and are willing to play by the rules because that’s what’s right.
Violating a tenant’s legal rights can be costly
There are so many things landlords get wrong about what’s legal. For example, if you’re governed by the Fair Housing Act (FHA), you can’t deny tenants with service animals or emotional support animals. Landlord-tenant laws also usually don’t allow landlords to ban tenants from having guests, although you can limit the amount of time a guest may stay on the property at one time. You also can’t charge non-refundable deposits, or keep someone’s deposit without actually having to use it to repair damage that goes beyond wear and tear.
Having unenforceable lease clauses never turns out well. In fact, if your tenant files a lawsuit against you in small claims court, and you’ve violated their rights, they’ll most likely win a big judgment against you and it could be thousands of dollars. If they file a civil lawsuit, you could be facing an even harsher judgment.
Understanding landlord-tenant law isn’t easy, and that’s why many landlords hire property managers. For example, The Woodlands property management company, Green Residential, takes on all landlord duties for Texas investors who don’t want to be caught off guard on the wrong side of the law. Property management companies have the expertise and knowledge required to manage tenants and keep them happy while respecting their rights.
Illegal evictions can force you to allow your tenant to stay
Unfortunately, if you start processing an eviction illegally, there’s a chance your tenant will sue you and win the right to continue living in your property. If you make any mistakes during the eviction process, once you get to court, your case will likely be dismissed, and you’ll need to start over. For instance, states have laws about how official notices to vacate must be delivered to a tenant, and sometimes it’s required that you mail them a copy as well as tape it to the door. If you just tuck a notice in the mailbox, that’s not legal.
However, when a landlord acts in bad faith with a self-help eviction, sometimes judges will fine the landlord and specifically rule that a tenant may continue occupying the unit for a set period of time, preventing the landlord from moving forward with a no-cause eviction.
In this situation, tenants typically move as soon as possible, but it gives them time to find a new place to live.
Respected tenants are mutually beneficial
Your tenants are your source of income and deserve to be treated with respect. Prioritizing their legal rights tells them you care and it makes them feel wanted and appreciated. In turn, appreciated tenants will take care of your property and respect you as their landlord.
Leave A Comment