Tenants can find many ways to sue the landlord if the landlord isn’t careful about rental property and other related matters. However, there are many ways you can easily avoid these lawsuits. If a landlord is well aware of the laws and regulations, there is a possibility that the landlord can slither out of the lawsuit with paying anything.
Health and Safety Standards:
The most common ground on which landlords get sued is the health hazard and safety rules violations. If the rental property is unlivable, the tenant has a compelling case to sue the landlord. Lead paint, mold, no heating or property ventilation are all probable reasons to sue the landlord. If after many complaints, the landlord doesn’t resolve these, the tenant can sue the landlord and also win.
How To Avoid:
A pre-move out inspection is the only way to solve this issue. A simple pre-move out inspection can save you from the unnecessary headache of the lawsuit. Fix and repair everything before taking in a new tenant. Also, have an open communication channel so that the tenant can come to you without hesitation. Also, know that it’s the responsibility of the tenant to warn the landlord regarding issues before it escalates.
Security deposit:
Every state comes with its varied renting laws. Being a landlord, it’s your prime duty to know the renting laws of your state. Not only that but the landlord also need to make sure that the tenant has read and understood the leased agreement as well. Wear and tear damage as well as its payment through security deposit should be covered in every lease agreement. Any wear and tear caused by the tenant is the responsibility of the tenant. The following can be deducted from the security deposit without fearing a lawsuit.
- Damaged/lost furniture
- Repairs
- Unpaid rent
- Cleaning the property
The only point for a tenant to sue is due to a false claim on the security deposit.
How to Avoid:
Again, the pre-move in inspection can resolve any issue and make the landlord’s case very strong. Documenting everything with proper dates and picture will help you prove why you deducted the security deposit and avoid the lawsuit. Show tenant every document and picture to let know you have done your homework.
Illegal clauses in the agreement:
Landlords enjoy leverage when it comes to setting the leasing and rental agreement, however, they have to make the agreement according to state rules and regulations. Pets are a sensitive issue for many, although landlords can say no to pets they can’t say no to service animals. The clause of notice is also prone to lawsuits; hence it should be treated with care.
How to Avoid:
Make sure that all your clauses, as well as provisions, are according to the law to avoid any lawsuit from the tenant. You can easily check with your state office regarding the laws.
Right to privacy:
You may own the house, but the tenant is paying you to sue the house, and hence he has the right to have to demand absolute privacy. Many landlords are in the habit of checking up on their properties without calling ahead. This is a very unethical practice that can land them in court.
How to Avoid:
Study the rules and regulation of state and educate yourself on this matter. Some states have strict rules regarding the protection of tenant’s privacy. Know the law and abide by it. Always call ahead, and seek permission before visiting your property while it’s under the rental agreement.
Nobody likes to be on the receiving end of a lawsuit, make sure you abide by the law and have enough proof to support your case.
If you’d like to talk more about property management, or you need help with Everest Property Management, please contact us at Everest Realty.
As a top producing Realtor and Property Manager; Terry specializes in sales, extensive construction homes, rentals, REO’s, short sales, and all aspects of Real Estate. After graduating the University of Michigan with a master in MBA, Terry continued his endeavor and now has over 15+ years of experience in the Real Estate world. If there is anything that has to do with Real Estate and sales, you can always be sure of Terry to provide important, specialized knowledge.
