Landlord harassment refers to actions taken by landlords to force tenants out or get them to comply with unreasonable demands. It involves interfering with a tenant’s right to the quiet enjoyment of their rental unit. Harassment can take many forms, including verbal threats, unwanted entry into the unit, shutting off utilities, and more. As a property owner, it’s important to understand what constitutes harassment so you can avoid engaging in illegal practices. This article provides an overview of landlord harassment laws, examples of prohibited behaviors, and tips for owners to protect themselves from accusations
What Does the Law Say About Landlord Harassment?
Most states and municipal laws prohibit landlord harassment of tenants. Harassment is considered a violation of the warranty of habitability, which requires landlords to keep rental units fit for human habitation. State and local laws vary in their specifics but generally forbid landlords from:
- Verbally or physically threatening tenants
- Repeatedly contacting tenants in a harassing manner
- Entering a unit without proper notice and tenant consent
- Demanding rent when none is due
- Removing belongings or changing the locks without cause
- Shutting off necessary utilities like water, heat, gas, or electricity
- Failing to make necessary repairs to render the unit unlivable
- Discriminating against tenants based on protected characteristics like race, religion, family status, etc.
If a landlord engages in harassing behaviors, they can face significant penalties, including fines, being forced to allow tenants to break their lease without penalty, and even criminal charges for the most egregious offenses.
Examples of Illegal Landlord Harassment
Some specific examples of illegal landlord harassment include:
Verbal Threats and Abuse
Yelling at tenants, using profanity or insults, making threats of violence or eviction without cause, and other verbally abusive behaviors are prohibited. Even if they seem minor, verbal threats can create a hostile living environment for tenants.
Unwanted Entry and Privacy Violations
Landlords must provide proper notice before entering a rental unit, typically 24-48 hours. Entering without notice, entering too frequently, or photographing or recording inside a unit without permission constitutes harassment.
False Accusations and Complaints
Making repeated nuisance complaints about tenants to the police or other authorities when no legitimate issue exists can be considered harassment, especially if based on bias against protected classes.
Removing Belongings or Changing Locks
Landlords cannot lock tenants out of their units or remove their belongings in an attempt to force them to vacate, even if rent is owed. Only law enforcement performing a legal eviction may remove tenants. Understanding the legal boundaries regarding tenant access is essential. For more information on this topic, see Can a Landlord Change the Locks.
Shutting Off Utilities
Utilities like hot water, electricity, gas, etc. cannot be turned off by a landlord in an attempt to make the unit unlivable for tenants. This creates unsafe living conditions.
Refusing Repairs and Maintenance
Failing to fix issues like leaks, broken appliances, pest infestations, or heating problems in an effort to make tenants leave is against the law. All units must be kept habitable.
Rent and Fee Manipulation
Demanding extra “fees” not included in the lease or falsely claiming rent is overdue and demanding payment with threats of eviction constitutes harassment.
Removing Shared Facilities
Landlords cannot take away access to shared laundry rooms, parking, or other amenities promised in the lease in order to harass residents.
Discrimination and Bias
Treating tenants differently based on race, gender, religion, family status, disability, or other protected classes is illegal discrimination and harassment.
Retaliation
If tenants complain about legitimate issues or exercise other legal tenant rights, landlords cannot retaliate with harassment or eviction threats.
Related Read: Thus to protect yourself read thoroughly, “What a landlord cannot do?“.
Protecting Yourself as a Landlord
While most landlords do not intend to harass their tenants, misunderstandings can sometimes arise. Here are some tips for owners to avoid accusations of harassment:
Know Local Laws and Follow Proper Procedures
Be aware of all state and local landlord-tenant laws. Follow all legal processes for evictions, inspections, maintenance requests, and entry procedures. Avoid performing “self-help” evictions. For more insights, check out Why is Legal Knowledge Critical for Oklahoma’s Residential Property Owners?
Communicate Professionally
Be prompt, polite, and businesslike in all communication. Provide proper written notice when necessary. Avoid emotional confrontations and arguments.
Document Everything
Keep detailed records of all correspondence, maintenance requests and repairs, incidents with tenants, agreements, payments, etc. Documentation is key if disputes arise.
Respond to Issues Quickly
Address problems reported by tenants in a timely manner, such as making needed repairs. Don’t ignore issues, as they will likely escalate if neglected.
Maintain Consistent Policies
Enforce all rules, lease terms, and policies consistently across all tenants. Do not single out individuals for different treatment.
Avoid Retaliation
Do not take negative action against tenants for reporting legitimate problems or disputes. Work to resolve issues reasonably.
Seek Legal Counsel
If tensions escalate with a tenant, consult an attorney before taking action. Understand how to end tenancies in your jurisdiction legally.
Remain Impartial
Do not become emotionally involved with tenant disputes. Be fair and businesslike in addressing problems.
Acquire Insurance
Landlord insurance can help protect you if tenants file harassment claims. It can assist with legal defense costs.
Being proactive about preventing harassment issues while also promptly addressing legitimate problems reported by tenants can help avoid escalations. Seeking legal advice at the first sign of conflict can also help mediate disputes before they reach the level of harassment claims. Protecting yourself requires being educated on the law, documenting thoroughly, and communicating professionally. With the right precautions, owners can avoid violating tenant rights while also enforcing their rights and responsibilities.
Recognizing Tenant Harassment of Landlords
While landlord harassment gets most of the focus, tenant harassment of owners also sometimes occurs. Examples of tenant harassment include:
- Excessive noise complaints: Tenants calling police about noise frequently even when no noise violations are actually present
- False accusations: Making up issues about housing code, safety problems, discrimination, or other violations when none exist
- Threats/abuse: Verbally threatening landlords with violence or legal action
- Property damage: Intentionally damaging the rental unit beyond normal wear and tear
- Rent strikes: Refusing to pay rent as a form of protest even though the unit is habitable
- Hostile living environment: Actions like racist slurs or insults creating an environment of fear or anxiety
- Frivolous lawsuits: Frequent small claims suits over minor issues to harass the landlord
If tenants engage in these types of harassing behaviors, landlords can seek to terminate the tenancy through proper legal procedures as outlined in the lease agreement and local laws. Documentation is critical when asserting tenant harassment as grounds for eviction. Landlords should also consult an attorney to ensure they follow proper protocols when accusing tenants of harassment. With the right evidence and legal process, owners can protect themselves when tenants are acting in violation of rental agreements and community standards.
Finding the Balance as a Landlord
Preventing landlord-tenant harassment issues requires finding the right balance as an owner. You need to understand and assert your rights and obligations while also ensuring you respect tenant rights. Some key principles include:
- Communication: Clear, open, and direct, but professional communication always prevents misunderstandings. Respond to issues promptly.
- Education: Know the regulations in your state/city cold. Seek legal advice when needed.
- Documentation: Keep meticulous records to support your actions if ever questioned.
- Consistency: Apply all policies and terms of leases uniformly. Avoid favoritism.
- Objectivity: Do not bring emotions or prejudices into landlord-tenant relationships.
- Empathy: Put yourself in your tenants’ shoes. Treat them how you would want to be treated.
- Prevention: Nip problems in the bud before they spiral by being proactive and responsive.
- Legal Counsel: Seek qualified representation immediately if disputes escalate.
- Insurance: Proper landlord policies help cover you if claims arise.
Finding the right balance takes effort but pays off through maintaining professional landlord-tenant relationships built on a mutual understanding of rights and responsibilities on both sides. This helps create a positive rental community.
The Bottom Line for Landlords
Harassment of tenants is never acceptable, but landlords also need protection against false accusations. By knowing and complying with all applicable laws, communicating professionally, documenting thoroughly, responding promptly to issues, and seeking legal counsel when needed, owners can avoid violations while also defending themselves against unfounded claims. Finding the balance between asserting rights and avoiding harassment comes down to being a responsible, reasonable, and attentive landlord and property manager. With fair policies that respect both parties, harassment can be avoided on both sides.
