One of the more complicated aspects of landlording that require finesse and wise decision-making is lease violations. Whether it’s a tenant who breaks a rule for the first time – albeit, unknowingly – or is a repeat offender, the lease violation notice is usually the first course of action when this occurs.
If you own property that you plan on renting out, here’s what you need to know about lease violation notices.
What is a lease violation notice?
When tenants want to lease a property, they must sign a residential lease or rental agreement that states the rental term, the rent amount, and the obligations and responsibilities of the tenant. Signing this document signifies that they agree to respect the terms of the lease.
Once the tenant is found to be in violation of the contract, they are sent a lease violation notice. This written notice informs the tenant of the lease term or policy that they failed to follow. The tenant must also remedy the problem within a given time period.
Take note that a violation notice is simply a warning, not an eviction. However, multiple lease violations notices without any action from the tenant can lead to termination of the rental agreement.
Most common lease violations
Noise complaints and disturbances
From loud music to thuds on the wall after 10 P.M., these sources of noise can affect other residents and disturb the peace.
Having a noise clause or policy in your lease agreement lets the tenant know what is expected of them. Specifying the quiet hours in your lease agreement is a great way to reduce noise complaints, as well. For example, noise should be at a minimum after 10 P.M. but it may start a little later on weekends.
Guests that stay too long
While tenants are allowed to have guests over, they shouldn’t overstay their welcome. Having unauthorized occupants could turn into a long-term issue, especially since they haven’t been properly screened. There is also a risk for potential damages and even lost rent.
A well-written lease is the best approach to avoiding unauthorized tenants. Let the tenant know your expectations from the start and that you are going to enforce the lease.
Unauthorized pets
There’s a myriad of benefits to owning a pet. That’s why there are instances of pet-loving tenants resorting to sneaking an animal or two into the property. Some tenants might even try to bring in more pets despite the limit you indicated on the number of pets allowed.
The pet policy in your lease agreement should be as detailed as possible. If your rental property is pet-friendly, identify the type and the number of pets allowed and require proper identification. Tenants should also agree to be responsible for their pets inside and outside the rental property or unit.
Property damage
Tenants are allowed to decorate the property they are leasing but only to a certain extent. Hammering nails into the wall and painting the walls could lead to property damages, especially if not done properly. This could spell more trouble for you as the property owner since you’ll have to spend extra time and money patching the drywall or repainting.
The lease agreement should be specific about what the tenant can and cannot do when decorating the property. If the tenant wants to make any changes to the property, they should have written permission from you first.
Late or unpaid rent
Late rent payments are another lease violation that landlords and property owners often encounter. It becomes increasingly difficult to handle if the tenant is one who’s constantly tardy with payments.
The best way to avoid late or unpaid rent is to communicate with your tenant and to make sure that they understand all your policies. Effective communication also establishes a good landlord-tenant relationship. It also helps to have a good tenant screening process.
How to handle lease violations
When it comes to dealing with tenants who have violated the lease agreement, there’s no one-size-fits-all solution. After a tenant violates a certain clause in the lease agreement, assess the violation and how serious it is. Is this the tenant’s first violation? If not, how often has it happened? More often than not, tenants don’t realize that they made a mistake or violated one of your lease policies.
When a lease clause has been violated, address the situation right away. While it’s easy to brush it off, doing so will only lead to the tenant thinking that they either did nothing wrong or that they can do it again.
Managing a rental property can be overwhelming, especially if you are on your own. That’s why enlisting the help of expert property managers like Berkshire Hathaway HomeServices Caliber Realty is a smart idea. Learn more about excellent property management in College Station by calling 979.694.8844. You may also send an email to sales(at)bhhscaliber(dotted)com.
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Comments Off on Everything you need to know about lease violation notices
As someone deeply entrenched in the realm of property management, it's evident that navigating the complexities of lease violations demands both finesse and strategic decision-making. Lease violations are a nuanced aspect of landlording, requiring a comprehensive understanding of legal frameworks, tenant dynamics, and effective communication.
Lease Violation Notices: An Essential Tool
In the world of property management, a lease violation notice serves as the initial recourse when a tenant breaches the terms of the lease agreement. This document, backed by legal authority, outlines the specific violation, be it noise disturbances, unauthorized guests, pets, property damage, or late rent payments. What sets a violation notice apart is its function as a warning rather than an immediate eviction. It's a crucial step in the process, giving tenants an opportunity to rectify the issue within a stipulated timeframe.
Common Lease Violations: Navigating the Terrain
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Noise Complaints and Disturbances:
- Addressing noise-related issues requires a well-crafted lease agreement with a clear noise clause.
- Specifying quiet hours, such as after 10 P.M., minimizes noise complaints and contributes to a peaceful living environment.
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Guests Overstaying:
- Unauthorized long-term guests pose risks, including potential damages and lost rent.
- A comprehensive lease should set expectations for guest stays, emphasizing proper screening and adherence to defined limits.
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Unauthorized Pets:
- Pet-friendly properties necessitate a detailed pet policy in the lease agreement.
- Clearly outline the type and number of allowed pets, along with requirements for proper identification and responsible pet ownership.
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Property Damage:
- Balancing tenants' rights to decorate with property preservation requires a specific lease agreement.
- Tenants should seek written permission before making alterations to the property to avoid potential damages and subsequent liabilities.
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Late or Unpaid Rent:
- A robust communication strategy is essential to prevent late or unpaid rent.
- Establishing clear policies and effective tenant-landlord communication can foster a positive relationship and mitigate payment-related issues.
Handling Lease Violations: Tailored Approaches
Dealing with lease violations necessitates a personalized approach. Assess the severity of the violation, considering whether it's the tenant's first offense and the frequency of occurrences. Swift action is crucial, as overlooking violations may lead to recurring issues. Effective communication and proactive resolution are key elements in maintaining a healthy landlord-tenant relationship.
Expert Property Management Assistance
Managing rental properties can be overwhelming, prompting the recommendation of seeking expert assistance. Collaborating with proficient property managers, such as Berkshire Hathaway HomeServices Caliber Realty, can alleviate the burdens associated with property management. Their expertise ensures a smooth and efficient handling of lease violations, contributing to a seamless landlord experience.
In conclusion, a nuanced understanding of lease violations, coupled with proactive management strategies, is indispensable for landlords aiming to maintain harmony in their rental properties.
