Landlord Noncompliance Issues

As a landlord, committing senseless acts of landlord noncompliance is a sure-fire way to create problems with your tenants. And who, in their right mind, needs that!

It's a sure bet that once you cross over the line and neglect your legal responsibilities with your tenants, you'll wind up paying for it in one form or another. Such trouble will be completely detrimental to your efforts in building a successful landlord business and relationship with your tenants.

The following are the major landlord noncompliance issues that can occur with operating your landlord business. By recognizing these issues you'll certainly be able to perform the necessary duties to prevent them, and this will save yourself a lot of hassle and headaches in the future.

Major Landlord Noncompliance Issues

1.) Breaching the Rental Agreement Duties - If the landlord becomes non-compliant with terms of the rental agreement, the tenant, after notifying the landlord of the breach, may terminate the agreement as specified by law if the breach is not fixed within a specified time limit. Depending on the nature of the landlord's breach, the tenant may also seek to recover actual damages that result from the landlord's non-compliance.

2.) Neglecting Property Maintenance - All types of problems could develop as a result of a landlord neglecting his or her duty to maintain their rental property. Unsafe conditions could develop causing accidents and injuries, housing code violations could be issued, and vacancies could occur due to unhappy tenants who grow tired of living in conditions of disrepair and neglect. Often, this is the start of a downward spiral for a landlord and his or her rental property business.

3.) Failing to deliver possession - If a landlord fails to deliver possession of a rental unit to a new tenant, he or she may be responsible for any resulting damages suffered by the new tenant. Even if the failure to deliver results from a former tenant not vacating the unit and "holding-over", the landlord is responsible for bringing court action to gain possession. If the landlord's failure to deliver possession is intentional, then the new tenant can recover "punitive" damages in a legal action against the landlord.

4.) Mishandling of the Security Deposit - This is probably the leading noncompliance issue amongst landlords. To avoid problems, it is paramount that landlords follow the laws of their particular state that address the handling and return of a tenant's security deposit. If the tenant has to initiate a court action to recover the security deposit that legally should have been returned, the court may allow the tenant punitive damages against the landlord. So, it surely pays to follow the law with security deposits!

5.) Failing to supply essential services - It is unlawful for a landlord to reduce or eliminate essential services (such as water, gas and electric, etc.) to a tenant's dwelling as a means of intentionally removing (or excluding) the tenant from the unit. A tenant experiencing this situation can bring legal action against the landlord and sue for punitive damages.

6.) Illegal Retaliation against Tenant - If a tenant complains to a landlord that he or she is not complying with the rental agreement, or exercises their legal tenant rights in any way, then the landlord is legally prohibited from retaliating against the tenant. The tenant is entitled to sue the landlord for any illegal retaliation that is taken against them, and may recover punitive damages as well!

The above cases of landlord noncompliance provide a good reminder of the rights that tenants have against negligent and non-complying landlords. So, to be successful as a residential landlord, compliance with your landlording duties must take center stage. And best of all, it'll certainly prevent you from receiving an invitation to appear before a judge!

Please note; the above information is general in nature and should not be considered legal advice. It should not be relied upon for your own particular circumstances. For legal advice, please consult the services of an attorney who is licensed to practice law in your jurisdiction.

For more information on landlord noncompliance, please visit The Landlord's Library book collection. It truly is a great resource for helping you pave the path to your success as a residential landlord.

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