From time to time, you’ll have tenants who will end up violating the lease agreement, but it’s not always intentional. Over time, details are forgotten, and tenants make small mistakes like putting up colorful curtains that can be seen from the outside or hanging a vast array of potted plants from the balcony.
Whether a tenant has broken a big or small part of the lease, here are some tips for resolving the situation.
1. Drafting a powerful, direct warning letter.
The first thing you need to do is let your tenant know they’ve violated the lease in writing. The proper way to do this varies from state to state, so check with an attorney before sending a letter. You might need to tape the letter to their door and send a copy to them via certified mail, and if you skip one or the other, it won’t be considered legal notice.
To write an effective warning letter to a tenant, take the time to review your lease to extract the relevant clauses word-for-word. Make sure the tenant is actually violating the lease before proceeding. Once you’ve confirmed there is a violation, document which parts of the lease have been breached. You’ll need to include the clauses when you write your letter.
Next, consider federal, state, and local housing laws when drafting your letter. Compliance with all laws is a must. While getting advice online is helpful, you should always contact a lawyer who specializes in landlord-tenant law to be certain.
Finally, draft your letter in a professional manner that clearly states the violation, along with how the tenant can fix the problem and the consequences if they choose not to comply. Again, at this stage, talk to an attorney to make sure you deliver the notice correctly according to the law.
2. Make sure the violation isn’t protected as part of a disability.
It’s crucial to verify that a tenant’s lease violation isn’t protected as part of a disability. For example, say your tenant is a hoarder, and their unit is filled with garbage. At first glance, you might think you can evict a tenant for hoarding trash. However, hoarding is a protected disability under the Fair Housing Act, and landlords are required to provide tenants with time to fix the problem before they can evict.
Where hoarding is concerned, you can’t evict for hoarding directly, but you can evict a tenant for damaging the property, blocking emergency exits, storing potentially explosive or dangerous materials, or storing food in a way that can generate mold and attract a rodent problem.
Another example is if you see your tenant with a dog when you have a no pets policy. This might appear to be a violation from the outside, but it won’t be if the dog is a service animal. In that case, unless you’re exempt from the federal Fair Housing Act, there is no violation. You can’t ask them to get rid of their dog, ask for an extra deposit, start charging pet rent, or evict them. You can ask if the dog is a service animal and what specific tasks it has been trained to perform, and that’s as far as you can go with questioning.
Suppose your tenant’s disability isn’t obvious. In that case, you can request documentation from a physician stating that they require a service dog. Still, you can’t ask about the nature of their disability, and they are not required to disclose it to you.
3. Speak with your tenant directly.
Sometimes it’s best to just call your tenant and ask them if they’re aware of the lease violation. Not all lease violations are intentional acts of defiance. Sometimes people forget about specific clauses they’ve agreed to and all they need is a gentle, friendly reminder.
You can email or text them if that’s how you normally communicate. Just make sure you get a response from them regarding the situation and then follow up to ensure the violation has been corrected.
It’s usually best to send an official notice, even for small lease violations, to establish a proper paper trail, but if you know your tenants well, you may not need to do that for small things.
4. Don’t wait to evict for violations.
Serious lease violations should be grounds for eviction. Don’t wait to start this process. The longer you postpone giving notice to your tenant, the longer you’ll have to wait to get them out and re-rent the place. You can’t file an unlawful detainer (eviction) lawsuit until you’ve legally terminated the tenancy. This process takes time, so make sure you don’t wait.
Lease violations are inevitable.
The consequences of ignoring a lease violation can be serious, so it’s essential to address issues promptly and effectively. Keep in mind that lease violations are inevitable, but by taking proactive measures, you can minimize their impact on your property and ensure a positive rental experience for both you and your tenants. Stay informed about the relevant laws, communicate clearly, and maintain a fair and respectful relationship with your tenants to navigate lease violations successfully.
