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Find an overview of landlord-tenant laws and tenant protections against landlord harassment and so y'all tin defend your rights.  Article updated January 2019.

Despite laws and guidance that promote positive landlord-tenant relationships, sometimes personalities go far the way of smart business concern practices (and common human being decency) that create situations where a tenant feels threatened or harassed by their 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 charter agreement. Landlord harassment and tenant harassment are sometimes used interchangeably to refer to a tenant feeling harassed by their landlord.

Harassing a tenant with the intention of making their living situation and then uncomfortable they want to movement 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. Come across San Francisco , Santa Monica, CA , and NYC for examples of tenant protections against landlord harassment .

Getting defendant of harassment is a serious effect that a landlord should non take lightly.  If y'all detect yourself butting heads with your tenant, as long as your tenant is not violating any charter terms, you have to allow them alive in the property throughout the elapsing of the lease. Both renters and landlords demand to be aware of what constitutes truthful harassment.

Hither is an overview of what is not acceptable beliefs and what could exist 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 find
• Changing the locks while a tenant is abroad
• Offering to buyout a tenant if they motility and threatening an eviction if the tenant says no
• Performing unnecessary inspections, likewise often or at extremely inconvenient times for the tenant, similar the eye of the night
• Lying or intimidating a tenant
• Giving a "three-day notice" or other eviction notice that is based on simulated charges
• Using fighting words or threatening bodily harm
• Refusing to exercise repairs that are required by law
• Intentionally disturbing a tenant'southward peace and tranquility
• Interfering with a tenant'southward right to privacy
• Refusing to acknowledge receipt of a lawful rent payment

What to exercise if you feel harassed by your landlord:

Y'all should always endeavour and resolve an issue directly with the possessor. If you rent from a property manager, talk to their manager or the owner of the management company. Articulate and active advice can effectively solve a lot of issues and may settle a simple misunderstanding. If y'all accept tried to work out a disagreement civilly and nevertheless 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 post-obit steps to protect themselves:

1. Keep a log of every come across you lot have with your landlord. Make sure to accept note of the time, appointment, and what was said.
2. Write a letter to your landlord request for the harassment to terminate. Send the letter with proof of mailing and keep a copy of the letter.
3. Ask a witness to be there for landlord interactions. Witness accounts and video recordings of your interactions tin be used in courtroom as long as they were done legally.
4. Keep copies of all rental agreements, messages, notices, photos, names of witnesses, notes, and whatever other evidence used to support your claim.
5. Call the constabulary if you feel like yous are in danger or your safe 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 tape tenant interactions. Sympathise the law and know what qualifies every bit a legal eviction. Work with an attorney familiar with landlord-tenant laws in your state and city.

Some uninformed renters will exist quick to assume they are being harassed when a landlord is really performing normal rental management concern.

Here are some examples of what is non considered harassment:

• Routine Inspections with proper observe
• Entering your property in the case of an emergency, similar 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 hire
• Sending you notices to rectify a lease violation
• Giving y'all an eviction notice for failure to pay rent or for other charter violations
• Raising the hire to match market rates and providing proper find
• Raising hire every twelvemonth, fifty-fifty if the belongings has not been updated in a while
• Collecting money for property damage caused by the tenant beyond normal wear and tear
• Non repairing a washing auto that is owned by the tenant

Landlord Retaliation

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

Nolo provides a good explanation of Land Laws Confronting Landlord Retaliation :

In almost all states, it is illegal for a landlord to retaliate against you for interim within your legal rights–for case, if you have:

• complained to a building inspector, fire department, wellness inspector, or other governmental bureau about dangerous or illegal living conditions
• exercised your First Amendment rights to assemble and present your views collectively, as in joining or organizing a tenant union, or
• availed yourself of cocky-aid strategies allowed by your country or local police force, such every bit deducting coin from the rent and using information technology to fix defects in the rental unit, or fifty-fifty withholding the rent entirely for an uninhabitable unit.

It'south important to sympathise that the antiretaliation laws volition shield you just for those activities that are mentioned in your state's statute. Not all states protect tenants for all iii types of actions mentioned to a higher place. To see what's covered,  see your State Laws Prohibiting Landlord Retaliation. For instance, in Washington, DC, a tenant who circulates a petition enervating better services cannot be retaliated against; but that aforementioned activity would not exist protected in Florida, since "practise of a legal right" isn't included in Florida's statute.

Too, keep in heed that viii states—Georgia, Idaho, Indiana, Louisiana, Missouri, North Dakota, Oklahoma, and Wyoming—do not have statutes or courtroom decisions protecting tenants confronting retaliation. – https://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter11-i.html

Landlords and holding managers are required to provide a prophylactic and secure living state of affairs for their renters.  Refusing to brand repairs, intimidating your tenants, or retaliating against a tenant complaint is against rental housing regulations and will negatively touch on a renter's experience living on your property.  If a renter feels threatened while living on your property or feels similar you lot are treating them unfairly, they may be within their rights to file a complaint and work with an chaser to take you to court for damages. Housing providers need to be familiar with all landlord-tenant laws and any tenant protections in your surface area in club to best protect yourself from unintentionally harassing a tenant.

Want to learn more? Observe some examples of landlord harassment cases where a tenant was award damages for Outrageous Landlord Conduct, as reported by Tobener Law Center of San Francisco.

Experience like you lot are beingness harassed by your housing provider?

Rentec Directly provides this content for educational purposes but. Nosotros cannot offer communication or tips on 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.

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Related Reading For You:

• Entitled Tenants: The Divergence between Bad Managers and Bad Renters
• Renter Quiz: What's Your Dream Renter Score?
• Top 10 Landlord-Tenant Laws to Remember

Source: https://www.rentecdirect.com/blog/landlord-harassment/

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