To begin with, landlords should always run an applicant screening process to weed out any potential troublemaker tenants.
As any landlord will testify and Investopedia points out, “Tenant rights have a long and convoluted history in the United States. There are state laws, common law, and federal rules that offer tenants various freedoms and protections.” However, they often change with the wind and further are not always properly enforced possibly due to fears of discrimination or bias.
It is believed that more than a million evictions were delayed during the height of the recent global health challenges. At the time, landlords who were facing issues with problem renters had little protection, while the tenants had the upper hand. What protections do landlords need to know about so that they can deal with problem tenants safely and within the law when there is a property dispute?
Applicant screening processes are a key foundation
To begin with, landlords should always run an applicant screening process to weed out any potential troublemaker tenants. Once a tenant applies to rent a property, background checks should be run to assess their financial history and their track record with rental properties. Whilst it won’t ever protect a landlord 100% from any issues, it will provide a solid grounding on which to decide whether or not to let a renter move in.
Three key factors to consider as a landlord
Once the first part of the application is through and the tenant is approved, there are some other factors to consider once they move in.
Property damage: The first of these is putting in place a plan for property damage – whether accidental or otherwise. Landlords should have a well-written lease that sets out every aspect of the property and what is expected of the tenant in terms of cleaning and maintenance once they move in.
The next cornerstones are inspections. One is to be done when the tenant moves in, alongside a property inventory. Routine inspections should be carried out throughout the lease and one should be done when the tenant is moving out. If at any point, the tenant isn’t keeping the property in a state of good repair, this should be addressed.
Rental payment problems: Landlords often complain one of the main concerns they have with problem tenants is late payment or non-payment of rent. To keep on top of this from day one, landlords are advised to put in writing a rigid payment plan policy informing the tenant that they must pay on time and if they don’t there will be financial penalties. Add a reminder clause, so that every month, the tenant knows when and how much to pay and on what date. Landlords should treat every tenant with the same guidelines and standards, and this should be made clear from the start.
Dealing with persistent complainers: Tenants who make persistent demands and unreasonable requests that fall outside of the landlord’s remit can be an issue. There are ways in which this can be handled. Legally, this is where a landlord stands: they are required to make certain repairs, essential to the habitability and safety of a property. That is all. It is up to the tenant to manage the day-to-day running of a home and not to put unreasonable demands on their landlord to deal with every request. This should go into the lease – whether it’s changing a lightbulb to the filters on a cooker hood, these fall to the tenant and not the landlord, and need to be set out in the initial contract. Persistent complainers should be pointed to this, in the event circumstances get out of hand.
Laws are laws – they aren’t ‘just’ suggestions
What happens if a tenant turns out to be a criminal? No matter how hard a landlord tries, how well the lease is laid out, and what goes into it, there will always be one tenant who thinks that none of it applies to them, or that they can get away with bad behavior unchallenged.
In these circumstances and when a tenant has put their safety at risk (not to mention the property) then the first course of action is to report to the authorities and consult a qualified attorney for advice on the next steps.
In the first instance, a landlord’s pre-screening of a tenant should weed out anyone with a recent criminal past, that automatically renders them unsuitable to rent. Regular inspections of the home should reveal any signs that criminal activity is taking place, especially if they are related to drugs.
Key points for landlords to deal with problem tenants
In the event there is an issue, here are a few key bullet points to consider when dealing with a less-than-perfect tenant:
- Stay calm and rational when talking to them
- Write detailed notes of every incident
- Show tenants how you would like to be treated
- Build up a decent relationship with them from the outset
- If tenants are persistently bad, request they leave your property
- Start the eviction process
- Hire both an attorney and a professional property manager.
Join the conversation!