Examples Of Landlord Harassment and How to Avoid It

As landlords, creating a culture of honesty, respect, and fairness is essential in fostering successful, long-lasting renter relationships.

However, disputes between tenants and landlords can sometimes escalate—often to the point where renters’ actions may be considered harassment. Landlord harassment is an illegal activity with severe potential consequences. 

What is landlord harassment?

Landlord harassment commonly involves actions taken by a landlord or property manager to make a renter’s living conditions intolerable or to force them to move out. Scenarios can include attempting to change locks without proper eviction procedures, demanding money without notice, or refusing to discuss bills or charges.

Understanding what constitutes harassment is critical for landlords and property managers to maintain ethical practices and steer clear of legal repercussions.

Examples of landlord harassment

Landlord harassment can involve any actions interfering with a tenant’s peace and comfort in their home. Here are several examples to be aware of:

Frequent and Unnecessary Inspections. Conducting inspections too often without advanced notice is intrusive and can be intimidating. Renters are entitled to privacy – and constant inspections can lead to a hostile environment.

Unwarranted Entry. Entering an apartment without consent or proper notice (except in emergencies) violates privacy and can be viewed as harassment.

Maintenance Neglect. Intentionally snubbing repair requests or delaying necessary maintenance to force renters to live in uncomfortable – or unsafe – conditions can be deemed harassment.

Utilities Interference. Shutting off essential utilities such as water or electricity to make a tenant’s living conditions unbearable is illegal and 100 percent a form of harassment.

Threats and Intimidation. Any written or verbal threat, intimidation, or aggressive behavior intended to scare or pressure renters into leaving the property is harassment.

Excessive Communication. Flooding renters with excessive emails, calls, or text messages is a form of harassment if it creates a stressful or difficult situation.

Changing Locks. Swapping out door locks without handing over new keys to a renter is an illegal eviction tactic and a harsh type of harassment.

Rent Increases. Imposing frequent, unjustified rent increases or adding extra charges to financially hurt renters financially is often perceived as an attempt to force them out.

What is not considered landlord harassment

Understanding what is not considered landlord harassment is equally as important as knowing what actions constitute harassment. Landlords have specific rights and responsibilities that allow them to manage their properties effectively while maintaining a lawful, respectful relationship with their renters.

Actions not considered landlord harassment

Repairs and Regular Maintenance. Landlords are responsible for ensuring their properties are safe and fit to live in. Conducting ongoing maintenance and quickly addressing repair requests is part of this undertaking and is not viewed as harassment.

Scheduled Inspections. Recurring inspections, with advanced notice, to ensure your property is appropriately maintained and to check for potential issues are typical practices and are not harassment. To play it safe, aim to let renters know you’ll be stopping by at least 24 to 48 hours ahead of time, depending on local laws.

Collecting Rent. If you do it professionally and respectfully, expecting timely rent payments and sending tenants friendly reminders about due dates is not considered harassment. Also, sending late payment notices or charging late fees as outlined in the lease agreement is okay.

Lease Enforcement. A landlord has the right to enforce lease terms, including no-pet policies, occupancy limits, and no-smoking rules. If these policies are enforced equally and fairly, they are not perceived as harassment.

Communicating with Renters. Regular communication about maintenance, policy changes, or other property-related issues is necessary for landlords and doesn’t signify harassment.

Rent Increases. With proper notice to tenants, raising rent in accordance with local laws and lease terms is not considered harassment. Be sure to do it fairly and consistently without targeting specific renters.

Eviction for Lease Violations. Initiating eviction proceedings for legitimate reasons, like non-payment of rent, significant property damage, or serious lease violations, isn’t harassment if done via legal channels.

Laws landlords should be familiar with

To ensure compliance and avoid actions that could be interpreted as harassment, property managers and landlords must be educated about relevant laws and regulations. Here are some of the more common ones to know about to reduce property management risk:

Federal Laws

Fair Housing Act (FHA)

This act prohibits discrimination based on race, color, national origin, religion, sex, familial status or disability. Landlords must ensure they do not engage in discriminatory practices in their rental processes.

Americans with Disabilities Act (ADA)

This law requires landlords to make reasonable accommodations for renters with disabilities, ensuring they have equal access to housing.

Fair Credit Reporting Act (FCRA)

Governs the use of credit reports and background checks in the tenant screening process, ensuring tenants’ rights to privacy and accuracy of information.

State and Local Laws

Landlord-Tenant Acts

Many states have specific landlord-tenant laws outlining the rights and responsibilities of both parties. These laws cover security deposits, lease agreements, property maintenance, and eviction procedures.

Rent Control and Rent Stabilization Laws

In some areas of the country, laws can regulate how much and how often you can increase rent. Landlords must comply with these regulations to avoid legal issues.

Habitability Standards

State and local laws set minimum standards for rental property conditions. Landlords must ensure their properties meet these standards, which most commonly include heating, plumbing, electrical systems, and structural integrity.

Notice Requirements

Laws determine the amount of notice landlords must give renters before entering the property, raising rent, or terminating the lease. Notice periods can vary by jurisdiction.

Eviction Procedures

You must follow legal guidelines when evicting a renter, including giving proper notice, filing any necessary paperwork and getting a court order, if required.

What to do if this is happening to you or you see it happening

Recognizing these behaviors is the first step in addressing harassment scenarios. Here are some steps you can take if you’re a tenant and think you may be experiencing harassment:

Document Everything. Keep detailed records of every incident, noting dates, times, descriptions of what happened, and any witnesses. Also, save all written communications, including texts, emails, and letters.

Review Your Lease Agreement. Know your rights and obligations as outlined in your lease. This document can provide insight into what’s allowed and what’s not.

Know Your Rights. Learn about your local, state, and federal tenant laws. This will help you determine whether any behavior constitutes harassment.

Communicate in Writing. When addressing issues, do it in writing. Ultimately, this creates a paper trail that can be used as evidence if needed.

Seek Mediation. Some disputes can only be resolved via mediation, in which a neutral third party helps both sides reach an agreement.

Consider Legal Action. If harassment continues, consult a lawyer specializing in landlord harassment law. They can advise you on your options, including filing a lawsuit.

How to stay aware and keep yourself protected from potential lawsuits

As a landlord, it’s crucial to understand tenant rights to stay aware and protect yourself from potential lawsuits. Start by familiarizing yourself with local, state, and federal tenant laws. Knowing these laws helps ensure you don’t inadvertently engage in any form of harassment.

Always give the required notice before entering a renter’s property or conducting inspections. As noted above, a 24-hour notice is typically standard, but this can vary by jurisdiction. Here are six additional ways to protect yourself from potential lawsuits:

Document All Communications. Keep a record of all communications with renters, including emails, phone calls, and notices. This strategy can help you avoid any misunderstandings and provides evidence of compliance with legal requirements.

Conduct Regular Maintenance. Address maintenance requests on time and keep the property in good condition, showing renters that you care about their living environment.

Respect Privacy. Respect your tenants’ privacy by minimizing unnecessary visits and respecting their personal space. And always schedule non-emergency visits at convenient times for the renter.

Fair Rent Practices. Ensure that you justify any rent increases and that they are reasonable and align with market rates. Give ample notice and clear explanations for any changes in rent or extra charges your renter may not be expecting.

Effective Communication. Maintain open, friendly communication with renters and avoid confrontational or aggressive dialogue.

Legal Eviction Procedures. If eviction is your only choice, follow the proper legal procedures. Illegal eviction tactics, such as cutting utilities, can lead to severe legal consequences.

The Bottom Line

Landlord harassment is unethical and illegal. It is critical for landlords and property managers to fully understand what constitutes harassment and to take proactive steps to avoid it.

By respecting renter rights, maintaining clear, respectful communication and abiding by legal standards, you can foster healthy, positive tenant relationships and avoid harassment situations. For more information on harassment, check out our blog post on what to do about tenant harassment.