Around 88% of property managers and landlords have dealt with a stressful resident. So this begs the question: are landlords responsible for nuisance tenants?
Property managers can be responsible for nuisance tenants if they’re aware of their bad behavior but do nothing about it. They can also take the blame if they miss the hints about the possibility of nuisance behavior happening.
Read on to find out when a property manager can be liable for a nuisance resident’s behavior, how to deal with it, and how to prevent it from happening.
What Is Considered a Nuisance Tenant?
A nuisance tenant is one who damages property, causes excessive noise, interferes with the quiet enjoyment of other residents, or carries out illegal activities in the rental unit.
Their behavior may create a private or public nuisance. A private nuisance happens when the actions of one resident affect another individual resident. For instance, when one resident complains that their immediate neighbor plays the drums loudly late at night.
A public nuisance affects more than one resident in the rental property. For example, a resident who constantly lets their garbage pile up can create a bad smell and invite a pest infestation for the rest of the community in that rental property.
When Can a Property Manager Be Held Responsible for a Nuisance Resident?
These are the incidents that can make a property manager responsible for a nuisance resident:
1. Knowledge of Behavior and Negligence to Intervene
A property manager can be held liable if they were aware of nuisance behavior but failed to take action to address it. The law will consider the property manager aware of a problem only if there is a reasonable opportunity to learn about it.
For example, did neighbors or tenants complain about the nuisance behavior? Was the behavior so obvious or persistent that they should have known about it?
The destructive behavior will be the property manager’s responsibility if they knew about it but failed to issue the offender a warning, quit notice, or eviction if necessary.
In addition, the law expects the property owner to pick up on hints that could lead to dangerous activities on their premises. Say, if the manager rents out a property to someone with an arson criminal record, the court may find the property management company responsible if this resident repeats the crime on the premises.
2. Failure to Enforce Lease Terms
Standard lease agreements should spell out what qualifies as nuisance behavior. Whenever this behavior happens, a professional property manager must use the lease agreement to manage the situation. Failure to do this can get the property management company on the wrong side of the law, leaving them no choice but to take responsibility.
However, there are times when a tenant or neighbor complains of seemingly nuisance behavior that can’t criminalize a property manager. For instance, young children playing within reasonable hours and in designated play areas may not constitute a violation of the rental agreement, as it is considered a normal part of residential living.
3. Violation of Local Laws
Sometimes, the violation of a local housing law can create conditions that encourage nuisance behavior. A good example is exceeding the recommended occupancy limit, which is generally two people per bedroom according to the Housing and Urban Development Department.
If a property owner admits an unreasonable number of adults into a rental unit, it overcrowds the premises and creates noise complaints, faster wear and tear on the property, and competition for parking spaces or garbage disposal facilities.
This overcrowding can contribute to tensions among tenants and may lead to nuisance behavior as they compete for limited resources.
4. Breach of Duty to Maintain Safe Environment for Residents
If property owners don’t play their part in keeping premises safe for residents, they can take the blame for any nuisance behavior that ensues.
This could include various situations, such as inadequate maintenance of premises, failure to address safety concerns promptly, or neglecting to implement the necessary security measures.
These breaches can lead to legal consequences for the property manager, including liability for any resulting injuries or damages.
To prevent this, invest in a rental inspection tool like RentCheck. This platform enables residents to conduct their own inspections throughout every stage of the rental process, from move-in to move-out. The property manager can monitor these inspections directly through the app. With RentCheck, property managers and residents can rest assured that no safety hazards slip through the cracks.
How to Deal With Nuisance Residents
1. Document Complaints
By documenting complaints, property managers create a formal record of the issues raised by residents. In court, it shows that the property manager made an effort to address these issues. This record can also provide tangible evidence to justify taking action against residents who engage in nuisance behavior.
In addition, it keeps residents accountable, knowing that someone is monitoring their negative actions.
2. Communication
Talking to a problematic resident can be the best way to address issues before taking the legal route. When a property manager receives a complaint from a neighbor, it’s important to not make rush decisions.
As a professional property manager, take time to investigate the root cause, frequency, and duration of the problem first. Then talk to the affected residents and establish the best way to resolve the issue. As you do this, maintain an air of calmness and open-mindedness without diverging from the rental agreement.
If the behavior continues, issue a warning to the offending resident. Some people find it hard to break a habit, so be ready to offer them several reminders before seeing a change in their behavior.
3. Enforce Lease Terms
If you can’t resolve matters with open communication, it’s time to pull out the lease agreement. For many nuisance behaviors, a lease agreement will suggest a ‘cure or quit’ notice as a first line of action.
The purpose of this notice is to inform the resident that they have breached particular lease terms and have a specified period to either remedy the violation (cure) or vacate the premises (quit).
4. Maintain Safety
A property management company should ensure safety in rental premises in the following ways:
- Conducting routine property inspections, either manually or using an automated property inspecting tool like RentCheck.
- Carrying out regular maintenance checks and addressing any potential safety hazards such as faulty wiring, leaks, or structural damage.
- Installing and maintaining proper security measures such as locks, outdoor lighting, and security cameras.
Prevent Nuisance Behavior With RentCheck's Inspection Software
When it comes to managing nuisance behavior in your rentals, prevention is better than cure. The best way to do this is through regular property inspections.
RentCheck is a powerful cloud-based software that conducts automatic property inspections at any point of someone’s tenancy. The app stands out because residents get to keep tabs on the condition of their rental unit by conducting the property inspections themselves.
This prevents them from feeling neglected and provides them with the power to report cases of nuisance behavior to the owner before they get out of hand.
Create a RentCheck account today and try it for free for 30 days.
