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Lease violations are not uncommon in the rental business, whether they’re minor issues or serious offenses. When a tenant fails to follow the rules, a property owner must know how to tackle the problem the right way.
Listed below are common lease violations you might run into, along with effective ways to address them.
1. Late or Unpaid Rent
When a tenant fails to pay rent on time or at all, it can affect the cash flow of your rental property. Late payments are likely the most common lease violation property owners experience, and how difficult it would be to resolve may depend on the tenant.
Solution:
Examine your rental agreement to confirm that you have all the essential details needed to resolve the issue. If you find a tenant is behind on payments, inquire about the reasons for the delay and furnish a suitable notice that specifies the grace period, the legal ramifications of not complying, and the deadline for addressing the matter.
If the issue persists, you can deduct the overdue rent from the security deposit or send a notice to initiate eviction proceedings. Keep in mind that evictions are lengthy matters, and you can always opt for alternatives like cash-for-keys to avoid the eviction process entirely.
2. Property Damage
Another common violation is property damage caused by tenants beyond normal wear and tear. This can come in the form of holes in the wall, cracks on the floor, broken appliances, broken windows, and more. Not only does this lease violation reduce the value of your property, but it also exposes you to potential liabilities if harm comes to your tenants.
Solution:
The property owner will be authorized to deduct costs from the tenant's security deposit to make the necessary repairs, provided that an itemized receipt and proper notice are first given to the tenant. If you did not require a security deposit from the tenant, then you can charge them for the costs.
If the tenant refuses, you may take legal action to enforce the lease violation. Record supporting evidence to justify the financial consequences. If the tenant commits the lease violation again, then you can resort to eviction to avoid further damage.
3. Unauthorized Occupants
Your lease agreement should specify the maximum number of tenants allowed to reside in the rental unit. These guests can become legal liabilities if they are injured within the leased property or cause property damage that your tenant may not want to cover.
Solution:
Just as you would with unpaid rent, you need to review your lease agreement carefully. Politely ask your tenant to have the unauthorized occupant vacate the unit, and provide a lease violation notice if the problem persists. If the tenant refuses to cooperate and allows their guests to stay within the unit, you may take legal action.
4. Unauthorized Pets
Property owners are sometimes legally required to allow pets, particularly when the pet in question is a service animal. If not, then the tenant has violated your rules and needs to correct it as soon as possible, as unauthorized pets can cause a range of problems, including excessive noise, property damage, and harm to other tenants.
Solution:
Send a lease violation notice immediately, but provide the tenant with a reasonable notice period, as finding homes for animals may not be easy. If you choose to compromise instead, you can charge additional rental fees like a pet security deposit to account for property damage, or require pet insurance. Inform the tenant of their responsibilities to ensure they don’t disrupt a secure environment for other tenants.
5. Neglecting Property Maintenance
State laws require you to address maintenance issues to keep the rental property safe, but that doesn't mean that the tenant doesn't have their fair share of responsibilities to maintain the premises. That includes keeping the property clean, among other duties, as specified in the lease agreement.
Solution:
Remind the tenant of the responsibilities they agreed to in the lease agreement, along with the consequences of any lease violations. If they fail to comply, you can also deduct costs from the deposit. In some cases, where negligence has led to extreme circumstances, such as pest infestations and mold growth, you may proceed with lease termination.
6. Illegal Activity
Handling lease violations like illegal activity in the rental property can be dangerous, especially if the tenant is involved in violent crimes. It doesn't just violate the lease term, but also puts all parties involved in danger.
Solution:
Document any evidence of illegal activity without putting yourself in harm's way. Collect witness statements, photographs, and other supporting evidence that can help you. Most landlords choose to evict the tenant immediately due to the severity of the situation. Serve a Notice to Quit that specifies the rule violated and the required notice period.
If the tenant refuses to leave, you may need to involve the authorities to prevent the issue from escalating. For preventative measures, thoroughly screen your tenants during the rental process by including criminal background checks in your screening criteria. This will allow you to avoid potential violations in the first place.
How to Keep Tenants from Committing Lease Violations
- Draft a clear and thorough lease agreement stating rules about pet restrictions, guest limitations, noise regulations, rent due dates, and more.
- Perform regular inspections to discover potential lease violations early. Check for cleanliness, unauthorized entry, subletting, damage, or other violations of lease terms.
- Screen your applicants meticulously and only rent to reliable tenants. Your rental business would thrive if your tenants respected the lease agreement.
- Enforce your lease terms consistently. Don't make exceptions when a tenant commits a lease violation. Unfair treatment can lead to legal consequences when tenants accuse you of discriminatory practices.
Let Harland PM Enforce Your Lease Rules
Professional property management can not only help you draft clear lease agreements to avoid financial liabilities, but it can also enforce your rules to prevent lease violations. We understand how crucial this is to maintain a rental property's success, so Harland Property Management does its best to help landlords achieve that goal.
You won't have to worry about late payments or landlord-tenant laws. We possess the expertise and experience to make you a stress-free landlord, and all you have to do is contact us!
