How To Handle Rental Lease Violations
Violation of lease terms could big a really big headache for landlords and if you thought that a detailed lease would prevent lease violations, some tenants will still choose not comply with the rules and these are the most common lease violations and how to fix them. By knowing the landlord laws, you can prevent tenants from destroying your property, complaints, living in your property for free and much more.
So when you run into one or two tenants who violate your lease, it will causes delays or misuse of the property. Before you know how to deal with lease violations, you must first understand what constitutes a lease violation. You have to make sure that tenant fully reads and understands the agreement prior to signing the lease and of course, the terms of the lease must be reasonable.
So when tenant violates the lease, he or she simply violates the contract. Violations can occur when tenants take certain actions or do not take certain actions, where even the most responsible tenants can make mistakes from time to time and all you have to do as a landlord is to make sure that tenant doesn't make it a habit.
Eviction could cause an excessive noise will only cause you more problems down the road and is not always the first solution to your problems, unless the tenant is engaging in illegal activities. However, this does not mean that you can let tenants walk around you, as lease violations are serious and you should take the necessary steps to fix the situation. Here are the most common violations and ways how to fix them.
1. Non-payment of rent.
The first and the most common problems landlords have is not being able to collect rents from problematic tenants. Lease agreements must specify the date when the rent is due, so even one late payment may constitute a violation of lease agreement. A good way to fix this is to stipulate the late payment terms in your agreement where you can impose a late payment penalty, but, if the tenant still refuses or doesn't pay the rent, you can start the eviction process. Send a notice of breach of the lease, this notice must require payment of the amount due by a specified time and if the tenant does not pay off the debt by the due date, you can evict them from your property. Always remember to add a late payment penalty to your lease as this is one of the best ways to keep residents accountable.
Some pets, depending on the size of them, can seriously damage your property and every tenant should follow this pet policy. If they violate this part of the lease, you can impose a fine and then proceed to check out if the tenant does not remedy the situation. If you as a landlord declare that pets are not allowed, but your tenants still have a pet, they have violated your pet policy and now you have couple options to deal with this problem.
1. Charge a pet fee, that will cover the cost of cleaning after tenants leave and any damage the pets may cause.
2. Submit 3-Day Compliance or Leave Notice: You can give your tenants 3 days to get rid of the pet or move out option.
3. Unwanted guests.
In most of the properties visitors can stay overnight, but you must make sure to state the maximum number of days guests are allowed to stay and any excess of this number is considered a lease violation. Make sure to include the consequences of the lease violation, such as an increase in rent or termination of the lease. Here are a few options to go about this situation.
1. Ask guest to fill out an application: if the guest wants to live in your property permanently they must fill out an application and be added to the rental agreement after the verification process.
2. Provide a 3-day notice of completion or withdrawal: If the guest is not added to the lease or does not leave, you can give tenants 3 days to get rid of the guest or check out on their own.
3. Inform the tenant that the guest must leave: If the guest refuses to complete the application or does not go through the rental verification process, you can inform the tenant that the guest must leave.
4. Misusing property.
If your tenant is using his or her apartment as for commercial purposes also where they always have clients coming in or a large number of goods receiving often, you must intervene when tenants use the leased property as a production area. Tenants should only use the property for their living and you have to make sure to include that in your rental agreement and you must ensure that you follow legal guidelines and document every step you take. If it happens that you need to go to court, make sure to contact a lawyer first or a property manager in your area, as these people can help you solve problems with your tenant.
5. Property damage.
Damages can take a long time to repair and it can also be very expensive. So make sure that you document the condition of the property just before your tenant moves in. Make sure to take detailed photos of the property, making sure your tenant has signed a photo log confirming that the photos are correct prior to moving in. With all this documentation, you can make an assessment of the state of the property before tenant wants to move out as they must cover the cost of any property damage caused by negligence, reckless action or any other reason. Also make sure to inspect the property regularly, so you can continue to keep it in good condition and if you need to conduct a regular inspection or resolve a maintenance issue, make sure to notify your tenant within a reasonable time frame.
Always remember, when tenant make these violations, you have to take action. Lease violations are a common between landlords and tenants and you need to know how to deal with these violations when they happen. It is also important to include all the detailed information about the conditions and all expected consequences in the lease in order to protect yourself from violations of the lease.