Landlord Retaliation - Park City Property Management
If you've been at Park City property management for a while you might have had a tenant that, for lack of a better term, was a pain in the butt. This tenant probably did a lot of things right. They paid on time, they came with good references, they have a good job and a clear credit and criminal history. But then a drain in the laundry room happens to back up. You send out a plumber who tells you the drain was full of lint, obviously something the tenant has caused. The plumber fixes the problem and the drain is running clear. However a few months down the road the same drain backs up again. This time the tenant calls the Health Department complaining that "raw sewage" is all over the floor of their apartment, their children have been sick ever since they moved in and the landlord, you, is doing nothing about it. Now you have to meet with the Health Inspector. You are a good at Park City property management so you keep receipts to show the work you have done, as well as the cause of the problem. You are also smart enough to know that raw sewage isn't flowing out of the drain in your third floor condo; it is water from the washing machine that is flowing back out of the drain. And the Health Inspector informs everyone that unless the children are ingesting something there isn't a way for a backed up drain to make them sick with an airborne virus. After meeting with the Health Inspector you again have your plumber get the drain running free and clear.
You've Had Enough
After the latest round of complaints and money spent you're sick of these tenants and you want them to leave. Your lease allows for rent increases so you notify your tenant they will have to pay an extra $200/month, hoping they would just rather leave. When next month's rent comes in the $200 isn't there so you send them a 3 day notice to pay or vacate. You follow up your notice with a phone call and the tenant tells you that your increase of the rent and threat of eviction is retaliatoryand they will not be paying. Again you are experience in Park City property management so you call your attorney before proceeding with an eviction. The attorney informs you that the tenant is correct and you could be found guilty of landlord retaliation.
A Tenant's Rights
In Tuesday's blog post "Tenant Rights And Responsibilities - Park City Property Management", I highlighted some of the rights a tenant has by law. Some of those rights include a safe and sanitary home and the right to contact a health, building, or other inspector if they believe there is a violation of local codes and laws. If you would like to read more on the subject you can click here. A landlord could be considered retaliating if, after a tenant exercises their rights, they terminate or refuse to renew a lease, increase rent or decrease services. Many states also have a presumption of retaliation if a landlord engages in these types of activities within a certain time frame after a tenant exercising their rights. As a landlord you should be aware that these types of activities are illegal and can damage your Park City property management operations.
Not A Free Pass
These legal protections for tenants should never be considered a free pass for a tenant to do as they please. A tenant is still bound by the terms of the lease, regardless of when they exercised certain rights. Specifically a tenant is still obligated to pay rent on time and maintain the property, along with other terms they agree to in a lease. If they are not abiding by these terms they can be evicted form a property and could not argue the eviction was retaliation.
If you would like more information about landlord retaliation or Park City property management please sign up for a free consultation. You will receive valuable information on managing your property and a no-obligation quote on our property management services.
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