How landlords can enforce lease agreements fairly
When tenants violate their lease, it’s important to get them to correct the issue. However, sometimes lease violations happen because tenants don’t know what their landlord expects. Sometimes people see other tenants doing things they don’t realize are lease violations, and other times tenants just don’t remember the specifics of their lease.
To enforce your lease agreements fairly, you need to make sure every tenant understands the rules and apply the enforcement consistently. This begins with having a clear lease agreement, calm communication, and a process for handling violations.
If you struggle with lease enforcement or you have tenants who consistently violate the terms of their lease, here’s what you can do.
Revisit your lease to make it crystal clear
You can only enforce lease terms fairly when the lease clearly explains what rules tenants are supposed to follow. You can’t make up rules after the lease has been signed and expect tenants to comply. If they’re on a month-to-month lease, you can change the rules with the proper notice, but if they’re on a longer lease you need to wait until it ends to change the rules. That’s why it’s essential to include everything in the lease from the start.
At a basic level, it’s critical to include the rent amount, due date, grace period (if applicable), late fees and when those late fees will start to accrue, and what payment methods are acceptable for paying rent. Additionally, you’ll want to outline what kind of maintenance and repairs you’ll handle and what responsibilities belong to the tenant. For example, you might state that the tenant is responsible for changing light bulbs, smoke detector batteries, yard work, and cleaning the gutters, while you’re responsible for fixing everything else.
Your lease should also include property rules for pets, parking, guests, smoking, trash disposal, noise, storage, and what common areas can be used for and when. You’ll also want to include move-out requirements like cleaning, giving notice, how to turn in keys, and what’s expected of tenants during the final move-out inspection. A clear lease makes it easier to have conversations about rules and expectations.
If you’re a new landlord, you may want to consider hiring a property manager to handle your tasks. They’ll have iron-clad lease templates that are both legally-compliant and easy for tenants to understand. Property managers also know how to enforce lease terms and get tenants to correct violations.
Explain the rules early
Tenants are more likely to follow the rules outlined in their lease when you go over those rules with them before they move into the property. Don’t assume everyone will read every line carefully. Some lease agreements can top 60 pages or more, and people skim and tune out.
Before you hand over the keys, review key terms like rent, utilities, maintenance requests, pets, parking, entry notices, and renewal policies. Give your tenants the chance to ask questions or get clarification on points they don’t fully understand. It can help to provide tenants with a paper printout outlining the key terms of the lease that people are most likely to overlook, like pool rules, parking, and guest policies.
Communicate violations clearly and professionally
Most lease violations can be resolved through direct communication before you need to take formal action. The best way to approach this is to provide your tenant with a notice that explains the issue (including the date and time of the violation), references the lease, and states what they need to do to correct the violation. Set a reasonable deadline for correction and keep the communication calm and professional to avoid escalation.
Many tenants are happy to make the necessary corrections and won’t turn it into an issue. However, if you do experience a problem with a tenant who won’t cooperate, you may need to talk to a lawyer about what to do next.
Document every lease violation
Don’t feel petty for documenting every lease violation. Keeping records of everything is a fundamental part of being a landlord. Documentation protects you if a tenant disputes a notice, fee, deduction from their deposit, or an eviction filing. When you have good records, it shows you acted based on facts.
Save every email, text, portal message, notice, and notes from phone calls related to lease violations. You might need this in the future to either prove your claim in court or defend yourself against false tenant accusations.
Clarity is king
The best way to enforce lease violations is to do everything possible to avoid them. Create your lease agreements with clear language, and review the rules with each tenant before they move into the property.
You can’t avoid all violations, but clarity can reduce confusion and avoid unnecessary disputes.
