Tenant Noncompliance Issues

To deal with tenant noncompliance issues, landlords have their own sets of rights and legal procedures that must be followed according to their state and local laws.

Correctly following these procedures can make all the difference between a landlord's success or failure in dealing with a troublesome, non-complying tenant. And that is certainly the "trump card" that a landlord has in his or her arsenal against a bad tenant who has slipped through the cracks.

Lets now take a look at some of the main issues involving tenant noncompliance. A knowledge of these issues can prepare you to effectively deal with them in accordance with your local and state laws.

Major Issues of Tenant Noncompliance

1.) Failure to Pay Rent - In the landlord business, this is one of the main causes of tenant problems and noncompliance. States and localities have their own eviction procedures for non-paying tenants, so it's important for landlords to know the laws that apply to their location.

2.) Failure to Maintain the Premises - Tenants are required by statute to maintain their rental units according to local and state health and safety code standards. Anything that falls short of this places the tenant in noncompliance.

At this point, the landlord can make written demand for the problems to be corrected by the tenant (at their expense) within a certain time period as specified by law. If the noncompliance creates an emergency situation, then the condition will have to be corrected immediately.

3.) Failure to Abide by the Rental Agreement - If the tenant does not comply with terms specified in the rental agreement and the breach creates hardship, the landlord can send the tenant written notice that explains the noncompliance and specifies a time period for correcting it. This has to be done according to local and state law. If the tenant does not correct the breach as specified, then the landlord can file a court action to evict the tenant.

4.) Abandonment of Rental Unit - If the tenant vacates the rental unit without giving the landlord proper notice, then a non-compliant condition of abandonment has occurred. At this point, the landlord can take legal steps to regain possession of the dwelling unit and re-rent it.

If the tenant has left personal belongings of value behind in the rental unit, then the landlord should carefully store them in a safe place and make reasonable attempts to contact the former tenant to retrieve them. Copies of all correspondence sent to the former tenant should be kept by the landlord for a reasonable period of time.

5.) Unlawful Possession of Rental Unit - This condition of noncompliance by a tenant is commonly referred to as "holding over", and occurs when a tenant remains in the rental unit (without the landlord's consent) after the rental term is legally over. To remove the tenant and correct this problem situation, the landlord must go to court and file an eviction action.

The above descriptions that highlight the main issues of tenant noncompliance provide a good reference of how tenants can breach their rental duties. As a landlord, having this information will prepare you to quickly and effectively deal with such conditions should they occur in the future. And, as a result, your landlord business will surely benefit!

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 about tenant noncompliance issues, please visit The Landlord's Library book collection. It's a great resource for helping you to improve your success as a residential landlord.

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