I’LL SUE YOU! When Tenants Go Bad

Submitted by Team IWP! on Wednesday, 17 September 2008No Comment

By Bomani J. Sundai

Every Property Manager or Owner will hear those three words sooner or later - “I’ll Sue You.” Sometimes it’s a good resident gone bad and sometimes it’s a bad resident whose time has come. Either way they have now become your headache. It is up to you to minimize the damage that will eventually evolve out of such situations - attorney’s fees, negative conversation amongst your residents, etc. There are even websites devoted to residents opinions, be it fact or fiction, regarding their rental experiences that can further add to your burden. (i.e., visit one of these websites, www.apartmentratings.com) Therefore, it is in your interest to avoid conflict and/or be correct when you find yourself in the midst of the inevitable.

PropertyManagementAce.com recommends the following procedures and steps to avoid conflicts that can cost:

Document every incident

It is imperative that you have a good record of incidents that occur on your property. Incident reports should be dated, clearly written and as detailed as possible. A chronological record of incidents will show a pattern or history that will make it easier to defend your position when facing an irate tenant in your office or the judge in court.

Train your staff to document and make management aware of negative or abnormal behavior exhibited by residents. In particular, you want to be aware of the things that lower the quality of living in your property (i.e., noise/loud music, domestic disturbances, etc.). Provide blank incident reports to the entire staff for reporting purposes. Your staff will often know something is wrong before it reaches you.

Communicate clearly

Bad or unclear communication can be the root of a poor tenant-management relationship. You as the Property Manager or Owner must make the rules crystal clear. A written form listing the rules and regulations should be signed and agreed to by both management and the residents. These rules should compliment and highlight items beyond what your lease expresses and be relevant to your specific property. Have an attorney that specializes in Real Estate or the Landlord/Tenant laws review your rules and regulations form.

Enforce the rules

Failure to enforce your rules is an invitation for your residents to violate or ignore them. According to the Broken Windows theory, a building with a broken window left unrepaired is a red flag for others not to care. The broken window helps to foster an environment of little respect, which left unrepaired, will lead to trash, garbage, graffiti, vagrants and so on. Rules and regulations keep people in check but they must be enforced. Enforce the small quality of life rules with residents and staff, and you will keep control of your property simultaneously, giving the lawsuit prone resident less to work with.

Be reasonable

Sometimes incidents can be worked out if your residents clearly understand what is expected of them. Don’t seek out trouble from your tenants….when it’s there it will find you as the Manager or Owner. At that point, if you can’t reasonably work things out start, preparing to get that tenant out.

Live up to your end of the deal

You have a responsibility to provide excellent service and a quality product. If you expect residents to respect your property and its rules, YOU must respect your residents by living up to your end of the deal. If you or your staff fail in one capacity or another, be fair and intelligent enough to make amends. Know when to fight and know when to concede and make things right.

Follow these suggestions and make your life in the property management business a little less litigious and a lot easier.

*****************************************************************************************************

Bomani J. Sundai, PropertyManagementAce.com

Did you enjoy that article? Learn something? Then why not buy us a Coffee. It keeps us motivated to continue bringing you practical and useful information.

Related Post