A landlord shared with us the difficulty she is currently experiencing with a tenant who just moved out. Although she gave him proper notice and a cleaning checklist several weeks in advance, when she tried to hold him accountable for the poor condition of the property when he moved out, the tenant threatened to sue her.
Now, his parents have gotten into the fray, repeatedly emailing the landlord and leaving threatening phone messages. They say they’ve hired a lawyer and will take her to court.
This landlord is not alone. Many others have experienced concern that a tenant will find some way to “get even” with them, including calling in building inspectors, law enforcement authorities, or lawyers when the tenant doesn’t have a leg to stand on. These tenants are trying to intimidate the landlord in order to keep a security deposit, live rent-free or otherwise violate the lease agreement.
Landlords don’t have to tolerate harassment, intimidation or threats from tenants.
If a tenant threatens you with legal action, ask to speak with the attorney they claim is representing them. Get the lawyer’s phone number and give them a call. Lawyers have an ethical obligation to follow the law, and cannot encourage a tenant to pursue a course of action that is not justified. Chances are, the attorney will speak to you more respectfully, making it easier to resolve the problem. Ask for information from the attorney in writing.
In all likelihood, there is no attorney, and the threat is empty.
In that case, make it clear to the tenant or person harassing you that you will not tolerate any further communications unless in writing.
If the harassment continues, or if at any time you fear for your safety, the safety of others or your property, report the behavior to the police. Prior to founding Tenant Verification Service, Marv Steier served as a Police Officer. In his experiences, a landlord has the option of filing harassment charges against an unruly tenant or others who threaten or try to intimidate the landlord. Steier suggests obtaining the file number for the police complaint, and placing that in the tenant’s file. Making a police report is also an important step in the event you later have to obtain a restraining order against this tenant to keep them away from you or your property.
Keep a record of all communications with the tenant and any one else acting on their behalf.
As a landlord, you hold a serious legal threat of your own –the tenant needs you to give them a reference if they are going to rent again. You can remind them of this fact, but use a non-confrontational manner.
It is not appropriate for the landlord to use idle threats, or profanity, when dealing with problem tenants. If the matter does wind up in court, the judge will look more favorably upon the landlord who remained professional and did not escalate the dispute.
Maintaining a high level of professionalism from the outset if one of the best ways to avoid aggressive tenants. Tenants respect landlords who lay down the law:
Always require a completed Rental Application.
Conduct a thorough Tenant Background Check, including a Credit Report, Criminal Background Check, and Eviction Report, to determine if this applicant has displayed inappropriate behavior in the past.
Call the previous landlord to obtain a reference.
Provide specific rules regarding how the property will be kept during the tenancy.
Complete a Move-In Inspection Report with photos or videos of the condition of the property.
End the tenancy with a walk-through and Move-Out Inspection report, with photos or videos of the condition of the property.
TIP: Conduct an orientation for new tenants. Point them to www.tenantsinfo.com to learn about their rights and responsibilities as tenants. Where tenants know what is expected of them, there are far fewer hassles for the landlord.
This post is provided by Tenant Verification Service, Inc., helping landlords reduce the risks of renting with fraud prevention tools that include Tenant Screening, Tenant Background Checks, (U.S. and Canada), as well as Criminal Background Checks, and Eviction Reports (U.S. only).Landlord Credit Reports
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Disclaimer: The information provided in this post in not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.