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6 Most Common Lease Violations and How To Handle Them

Marble Team Author Image
Written by
Marble Team
October 14, 2022

Some lease infractions happen more frequently than others. Thankfully, there are certain strategies to keep away from them.

Damage to property

Any damage beyond ordinary wear and tear is the responsibility of the resident. It is advisable to define wear and tear during a walk-through and make it plain to the resident that anything beyond that is their responsibility.

It's critical to record any property damage. This offers proof than the paperwork from before the resident moved in. The owner can then talk to the resident and acquire quotes from contractors on how much it will cost to fix the damage.

The repair cost may, if necessary, be taken out of the security deposit by the owner. It's a good idea to give the resident a list of the damages broken down item by item and include pictures.

Recurring failure to pay rent

One of the most challenging circumstances that property owners might experience is nonpayment of rent. Even the most responsible tenant can occasionally be late with a payment, but a pattern of late payments is a violation.

State laws differ regarding the number of times occupants have to pay late before starting an evicting.

Unpermitted Animals

Animals can harm your home significantly; hence, most landlords have strict pet policies that tenants must abide by. Ensure that this rule and a thorough explanation of the consequences the renter will face if they bring an unauthorized pet onto their property appear in your lease agreement.

If the tenant doesn't make the necessary repairs, you might first issue a fee before proceeding to eviction. Of course, you can't just go by what you see or hear. Your claim must be backed up with visual evidence. I would be wise to hire an inspection every so often to check on your tenants to make sure there are no unauthorized pets on premise.

Long-term visitors

Owners can put a clause in the lease agreement that specifies how many days guests are permitted to stay to prevent undesirable long-term guests. If that amount is surpassed, a lease may stipulate penalties with a specific amount per person per month rental fee or immediate termination of the lease.

Because technology has made it simpler to rent a room without permission or to use it as an Airbnb, it is crucial to make this extremely obvious to occupants.

Use of Property or Unit for Business

Freelance work from home is far different from converting your home into a place of business. If this is the case, you have the right to stop your tenant from regularly receiving clients or huge amounts of supplies.

Additionally, if renters use the rented space as a production area, you must step in. Tenants only use the property as a place to live. Make sure your leasing agreement contains such language.

Indoor smoking

In any privately held building, smoking is prohibited both inside and outside. Smoking can smell bad, burn people, and stain the interiors of homes. Smoking prohibition is essential for preventing fires as well.

During routine inspections, owners might look for evidence of indoor smoking.

Smoking may be permitted outside if a property owner wants to keep a positive connection with a resident who smokes (including a roof, patio, or balcony).

Landlord Breaching Lease

Landlords are not exempt from breaking rental leases. Tenants have legal standing, and landlords may face legal repercussions for violating these rights. Therefore, landlords are responsible for ensuring the rental property is suitable for habitation.

Additionally, tenants have a right to privacy; thus, landlords are not permitted to enter the leased property whenever they choose. You must provide your tenant adequate notice if you need to conduct inspections, handle maintenance problems, or make repairs.

Tenants have recourse when landlords violate their rights. This may involve everything from notifying the authorities of code infractions to bringing legal action. Tenants may occasionally stop making rental payments or even end the lease.

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