landlord tenant relationship

Your home is more than just the place you sleep and holds meaning that extends beyond simple habitat. That’s why it is disturbing when your home is threatened, especially when the individual doing the threatening can actually take your home out from under you: your landlord. Despite laws and guidance that promote positive landlord-tenant relationships, sometimes personalities get in the way of smart business practices (and common human decency) that create situations where you, as a tenant, may feel threatened or harassed by your landlord.

What is landlord harassment?

Landlord harassment is when a landlord or property manager willingly creates a situation where a tenant feels uncomfortable, so uncomfortable that they wish to move or terminate a lease agreement. Landlord harassment and tenant harassment are sometimes used interchangeably to refer to a tenant feeling harassed by their landlord.

Harassing tenants with the intention of making their living situation so uncomfortable they want to move or terminate a lease agreement is illegal.

Unfortunately, some landlords have turned to harassment in order to get tenants to move out of rent controlled units, as seen in New York and California. Landlord harassment is considered such an issue in major cities of these states that specific laws and protections were created to protect renters and punish violators.

Being accused of harassment is a serious issue that a landlord should not take lightly. Landlords need to be cautious of butting heads with tenants, especially if the tenant is not violating any lease terms. The legal responsibility is to let them live in the property throughout the duration of the lease. Both renters and landlords need to be aware of what constitutes true harassment.

Here is an overview of what is not acceptable behavior and what could be considered harassment:

  • Taking away services provided in the lease (such as parking or laundry)
  • Shutting of utilities for the purpose of harassment or eviction
  • Entering an apartment without proper notice
  • Changing the locks while a tenant is away
  • Offering to buyout a tenant if they move and threatening an eviction if the tenant says no
  • Performing unnecessary inspections, too often or at extremely inconvenient times for the tenant, like the middle of the night
  • Lying or intimidating a tenant
  • Giving a “three-day notice” or other eviction notice that is based on false charges
  • Using fighting words or threatening bodily harm
  • Refusing to do repairs that are required by law
  • Intentionally disturbing a tenant’s peace and quiet
  • Interfering with a tenant’s right to privacy
  • Refusing to acknowledge receipt of a lawful rent payment

 

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What to do if you feel harassed by your landlord:

You should always try and resolve an issue directly with the owner. If you rent from a property manager, talk to their manager or the owner of the management company. Clear and active communication can effectively solve a lot of problems and may settle a simple misunderstanding. If you have tried to work out a disagreement civilly and still feel harassed by a landlord, you should talk to an attorney about filing an official complaint and possibly seek damages.

A harassed tenant should also take the following steps to protect themselves:

  • Keep a log of every encounter you have with your landlord. Make sure to take note of the time, date, and what was said.
  • Write a letter to your landlord asking for the harassment to stop. Send the letter with proof of mailing and keep a copy of the letter.
  • Ask a witness to be there for landlord interactions. Witness accounts and video recordings of your interactions can be used in court as long as they were done legally.
  • Keep copies of all rental agreements, letters, notices, photos, names of witnesses, notes, and any other evidence used to support your claim.
  • Calling the police if you feel like you are in danger or your safety is threatened

Pro tip for landlords: If your tenants are accusing you of harassment, you will benefit from following these same tips. Take detailed notes of all your interactions. Use software designed for landlords to keep excellent records. Ask for a witness to join you and even record tenant interactions. Understand the law and know what qualifies for a legal eviction. Work with an attorney familiar with landlord-tenant laws in your state and city.

Some uninformed renters will be quick to assume they are being harassed when a landlord is actually performing normal rental management business.

Make sure it’s harassment BEFORE you blow the whistle

Here are some examples of what is not considered harassment:

  • Routine Inspections with proper notice
  • Entering your property in the case of an emergency, like a gas leak or flood
  • Routine drive-by inspections
  • Installing outdoor security cameras for tenant and property safety
  • Calling you regularly to collect past due rent
  • Sending you notices to rectify a lease violation
  • Giving you an eviction notice for failure to pay rent or for other lease violations
  • Raising the rent to match market rates and providing proper notice
  • Collecting money for property damage caused by the tenant beyond normal wear and tear
  • Not repairing a washing machine that is owned by the tenant

 

Landlord retaliation

There are additional protections for tenants against landlord retaliation. If a renter has asserted his rights to stand up against harassment or filed a complaint against a landlord who isn’t making repairs, most states consider any retaliation from a landlord in response to these actions as illegal.

Landlords and property managers are required to provide a safe and secure living situation for their renters.  Refusing to make repairs, intimidating tenants, or retaliating against a tenant complaint is against rental housing regulations and will negatively affect a renter’s experience living on your property.  If a renter feels threatened living on your property or feels like you are treating them unfairly, they may be within their rights to file a complaint and work with an attorney to sue you for damages. Housing providers should be familiar with landlord-tenant laws, and you should be sure to understand any tenant protections in your specific state, city and county in an effort protect yourself from unintentionally harassing a tenant. (Keep in mind that there can be different requirements in place at the state versus local levels of government.)

The internet can be a great research tool, but you should seek legal experts in your area to ensure you are current on any new developments, as they can arise frequently.

This content for is for educational purposes only. We cannot offer advice or tips for how to deal with your harassment case.  If you feel like you are being harassed, please contact your local housing authority and speak with a lawyer. If you feel like you are in danger, contact the police.

Related

Sample Letter: Giving Notice to Your Apartment Manager 

Breaking a Lease: What You Need to Know

8 Tips to Help You Get Along with Your Landlord

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About The Author

Kaycee Wegener

Kaycee Wegener manages marketing and media relations for Rentec Direct and shares industry news, products, and trends within the community. Learn more about Kaycee at www.rentecdirect.com and on Twitter at @thatrentergirl.

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