what can i do when landlord is harrassing and trying to extort money out of you
When money, investments, and habitat are mixed it can create a powder keg for some landlord-tenant relationships.
Information technology tin can be easy to bandage stones depending on what side you stand up…
… however, similar virtually things in life, there are two sides to the coin.
We're going to break down ten examples of landlord harassment and x examples of tenant harassment. Nigh importantly we volition discuss how to remedy the situation.
Most landlords probably practice not intend to harass their tenants, but understanding what it means and identifying situations that may be considered harassment volition go a long way in educating landlords on what not to practice, particularly when tensions run high and they are frustrated.
What is Landlord Harassment?
Landlord harassment is when the landlord creates conditions that are designed to encourage the tenant to break the lease agreement or otherwise abandon the rental property that he or she is currently occupying. Landlord harassment is a specific set of behaviors that the law recognizes and landlords can be punished for this kind of activity.
While sometimes it is difficult to prove landlord harassment, more and more courts are recognizing this kind of beliefs and imposing the appropriate legal penalties when the issues are brought to court.
10 Examples of Landlord Harassment
- Failing to perform maintenance tasks in a timely and responsible way
- Withholding amenities that were previously allowed, such as puddle privileges or landscaping services
- Notices of improper behave that are made up or exaggerated
- Notices of improper bear that single out the tenant while violations from other tenants are ignored
- Refusing to accept or otherwise acknowledge proper payment of rent
- Entering the holding without just crusade or proper notice, ofttimes repeatedly
- Creating a nuisance (similar loud noise or throwing trash) that disrupts the tenant'south ability to quietly enjoy the rental unit
- Deliberate destruction of tenant's property
- Threats of financial injury, such every bit reporting to a credit bureau or refusing to provide positive references to futurity landlords
- Physical intimidation and threats of physical violence
Landlord harassment often happens when landlords feel like they cannot wait for proper methods to heighten the rent or non renew charter agreements. Many cases happen in strict rent-controlled areas where landlords want to get rid of current, lower rent tenants in favor of higher paying newer tenants.
Landlords who resort to these actions are oft trying to avert the expense of eviction and the hassle of removing a tenant in the proper, legal way.
Even if the tenant is violating the lease understanding or the landlord has decided not to renew the charter agreement when it expires, at that place is no excuse and no valid reason for landlords to harass tenants.
In NYC a landlord can even exist fined somewhere between $1,000 – $10,000 for harassment.
x Examples of Tenant Harassing Landlord:
- Tenant refuses to pay rent citing repair issues
- The landlord constantly receives racket complaints about the tenant
- The tenant sends threatening emails or texts to the landlord
- The tenant pays rent in big amounts of change
- The landlord goes through the proper procedures to raise rent and the tenant refuses to pay or leave the rental
- The tenant violates the warranty of habitability of other tenants
- The tenant shows upwards at the landlords abode
- A tenant assaults the landlord
- The tenant refuses to follow parking guidelines
- The tenant claims to have sent cash past mail for the rent and refuses to pay rent at present
Landlord Retaliation
Another attribute of landlord harassment happens when the tenant has complained nigh the landlord to the building owner, an apartment association or government agency.
It's chosen landlord retaliation and is recognized by the law as beliefs designed to punish a tenant for properly filing a valid complaint or organizing or joining a tenant matrimony or similar group. Tenants can also be protected from vengeful landlords if they properly withhold coin from rent for repairs based on their state'southward laws.
If the tenant has issued a complaint virtually something a landlord has washed or has not done, some landlords may feel offended or aroused and set out to punish the tenant. In addition to the behaviors described previously, landlords oftentimes retaliate by starting the eviction process, raising the hire or changing something about the terms of tenancy.
Other retaliatory acts might include restricting or decreasing services. Although these things are perfectly acceptable for landlords to exercise when at that place are no issues between them and the tenant, they can be seen as an act of retaliation when performed soon after a tenant complaint.
The courts automatically recognize such action taken by a landlord (typically within 6 months) after tenant activity every bit retaliation. Therefore, if the tenant complains, the burden of proof is upwards to the landlord to show that their actions are not in retaliation for what the tenant has done.
The landlord would need to convince the court that they would have taken that action (raise the rent, non renewed the charter understanding, etc.) regardless of what the tenant'southward deportment were. If the activeness takes place some fourth dimension and distance away from the tenant's protected action, information technology can nonetheless be proved to be retaliation but the brunt of proof shifts to the tenant.
What to do if landlord is harassing tenant?
In most cities there is commonly an organization that repesents tenants and their rights. A quick local Google search should reveal if this is the case in your area. For example, here in Buffalo, NY we take Dwelling (Housing Opportunities Made Equal) which any landlord or tenant tin can call to talk over problems or questions they have.
Services like these are a good step if normal remediation techniques are non working or the tenant or landlord is being abusive.
The Bottom Line
It'due south against the law to use intimidation, coercion or harassment to endeavor to get a tenant to vacate a rental property. It's too against the law to punish a tenant for a protected action.
To protect themselves from accusations, it'due south important for landlords to keep copies of all notices, letters, rental agreements, and more. It's also a good idea to write down summaries of phone conversations, annotation witnesses to conversations and otherwise document questionable actions.
For case, if a tenant makes a complaint to a authorities agency and the landlord was planning on raising everyone's hire a few months later, he or she should document that all rents were raised, not just the detail tenant's rent.
Recognizing what kind of actions and behavior could plant harassment is a disquisitional component for landlords to understand in successfully managing a rental holding. Avoiding harassment, even if unintentional, is the best mode to deal with tenants and landlords should instead choose the proper, legal methods to manage their rentals.
Do you have whatsoever suggestions on how landlords can better handle harassment accusations from tenants? Please share this article and let us know in the comments section beneath.
Source: https://rentprep.com/property-management/landlords-guide-avoid-harassment/
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