What do you do when your tenant breaks the rules? That depends on how often they’re broken and the rules’ importance. A chronic problem is much more severe than a one-time or sporadic lease breach. It’s up to you to balance your tolerance and the hassle of enforcing the lease.
Here are some things to think about.
Has the Tenant Breached the Lease?
Depending on the facts of the situation, might someone else have caused the problem? Is the tenant not paying rent or damaging their unit, or is something going wrong in a public area that several people can access? You’ll need evidence to support your claim if you want to enforce the lease or cut it short with an eviction.
Have You Talked to Your Tenant?
Do they admit to breaching the lease? Is the explanation plausible and the issue minor, or are they lying about something important? Does this appear to be a “one-off” due to particular circumstances, or is it the latest problem among many? You need to have your facts straight and communicate with your tenant before turning to legal solutions.
What’s Your Experience with the Tenant?
Is the person a long-term tenant with whom you have a positive relationship? If it is, and this is just a bump in the road, you might be better off holding off with legal action or threatening eviction. Are they a newer tenant giving you a constant, simmering stew of irritations? If this is the case, ending the relationship sooner than later may be a good idea.
Is the Problem Affecting Other Tenants or Causing Problems With Neighbors?
If a not-so-great tenant is causing complaints by good tenants you want to keep or neighbors with whom you want to maintain positive relations, it may tip the scales toward taking action. You don’t want to cause resentment by good, rule-following tenants if the breach causes them problems. If you let this slide, you risk causing confrontations between this tenant and others or the neighbors, which could lead to violence. Depending on the seriousness of the problem, if it’s unaddressed, other tenants may claim you’re the one breaching the lease and constructively evicting them.
Is the Tenant Breaking the Law?
If you have credible evidence the tenant is breaking the law, you may want to evict them. You shouldn’t tolerate a situation where they’re potentially endangering or causing a nuisance to others. If you know about this and look the other way long enough, law enforcement may think you’re a partner in the criminal acts. You should talk to the police about the situation, especially if you fear retaliation from the tenant if you attempt to evict them.
Are You Setting a Bad Precedent?
Given one tenant’s unpunished lease violations, are others joining in? Is trash piling up, are vehicles parked where they shouldn’t be or are stereos blasting early into the morning? If you don’t enforce the rules, you risk your property slipping out of control.
Is the Lease Term Ending Soon?
If it’s not a severe situation, taking the easy way out and not renewing the lease may be your best option. Sometimes, the path of least resistance is the one to take.
Are Rent Payments Late or Missing?
Owning and renting property isn’t your hobby. It’s your business and might be your family’s sole income source. Landlords will tolerate only so much unpaid or late rent. Your response can depend on how good your relationship is with your tenant, whether this is out of character or a continuing problem. When asked, do you get a credible explanation? Did they lose their job, or are they spending more money on illegal drugs or gambling debts? How much you’ll tolerate is up to you.
We’re Here to Help
If you have any questions about how you should handle a tenant breaching their lease, call the AWB Law PC team at (949) 244-4207 or fill out our online contact form today. We can discuss the situation, how state laws may apply, and how best to proceed.
