what to do if a neighbor harrasses you

Find an overview of landlord-tenant laws and tenant protections against landlord harassment and then you can defend your rights.  Article updated Jan 2019.

Despite laws and guidance that promote positive landlord-tenant relationships, sometimes personalities make it the way of smart business practices (and common man decency) that create situations where a tenant feels threatened or harassed past their landlord.

What is landlord harassment?

Landlord harassment is when a landlord or property manager willingly creates a situation where a tenant feels uncomfortable, so uncomfortable that they wish to move or end a lease agreement. Landlord harassment and tenant harassment are sometimes used interchangeably to refer to a tenant feeling harassed by their landlord.

Harassing a tenant with the intention of making their living situation and so uncomfortable they want to move or terminate a lease agreement is illegal.

Unfortunately, some landlords have turned to harassment in order to get tenants to move out of rent-controlled units, every bit seen in New York and California. Landlord harassment is considered such an issue in major cities of these states that specific laws and protections were created to protect renters and punish violators. See San Francisco , Santa Monica, CA , and NYC for examples of tenant protections against landlord harassment .

Getting accused of harassment is a serious issue that a landlord should not take lightly.  If you notice yourself butting heads with your tenant, as long as your tenant is not violating whatever lease terms, yous have to permit them live in the property throughout the elapsing of the lease. Both renters and landlords need to be enlightened of what constitutes truthful harassment.

Here is an overview of what is not acceptable beliefs and what could be considered harassment:

• Taking away services provided in the charter (such as parking or laundry)
• Shutting of utilities for the purpose of harassment or eviction
• Inbound an apartment without proper notice
• Changing the locks while a tenant is abroad
• Offer to buyout a tenant if they move and threatening an eviction if the tenant says no
• Performing unnecessary inspections, likewise often or at extremely inconvenient times for the tenant, like the middle of the night
• Lying or intimidating a tenant
• Giving a "three-24-hour interval notice" or other eviction notice that is based on false charges
• Using fighting words or threatening bodily impairment
• Refusing to do repairs that are required past law
• Intentionally disturbing a tenant's peace and quiet
• Interfering with a tenant's right to privacy
• Refusing to admit receipt of a lawful hire payment

What to practice if you lot feel harassed by your landlord:

You should always try and resolve an issue direct with the possessor. If you rent from a property manager, talk to their manager or the owner of the management company. Clear and agile communication can effectively solve a lot of problems and may settle a simple misunderstanding. If y'all have tried to work out a disagreement civilly and nevertheless experience harassed by a landlord, you should talk to an attorney about filing an official complaint and possibly seek damages.

A harassed tenant should as well have the following steps to protect themselves:

1. Keep a log of every meet you have with your landlord. Make sure to take note of the time, date, and what was said.
2. Write a letter to your landlord request for the harassment to end. Transport the letter with proof of mailing and proceed a copy of the letter.
3. Ask a witness to be there for landlord interactions. Witness accounts and video recordings of your interactions can be used in courtroom as long as they were done legally.
4. Keep copies of all rental agreements, letters, notices, photos, names of witnesses, notes, and whatsoever other show used to support your claim.
5. Phone call the police if y'all feel like you are in danger or your rubber is threatened

Pro tip for landlords: If your tenants are accusing yous of harassment, yous will do good from following these same tips. Take detailed notes of all your interactions. Use software designed for landlords to proceed excellent records. Ask for a witness to join you and even record tenant interactions. Understand the law and know what qualifies equally a legal eviction. Work with an chaser familiar with landlord-tenant laws in your state and city.

Some uninformed renters will be quick to assume they are being harassed when a landlord is actually performing normal rental management business.

Here are some examples of what is not considered harassment:

• Routine Inspections with proper notice
• Entering your property in the case of an emergency, like a gas leak or flood
• Routine Drive-Past Inspections
• Installing outdoor security cameras for tenant and holding safety
• Calling you regularly to collect past due rent
• Sending you lot notices to rectify a charter violation
• Giving you an eviction notice for failure to pay rent or for other lease violations
• Raising the rent to match marketplace rates and providing proper notice
• Raising hire every year, even if the property has non been updated in a while
• Collecting money for belongings damage caused by the tenant across normal wear and tear
• Not repairing a washing automobile that is owned by the tenant

Landlord Retaliation

In that location are boosted protections for tenants against landlord retaliation. If a renter has asserted his rights to stand upward against harassment or filed a complaint against a landlord who isn't making repairs, most states consider whatever retaliation from a landlord in response to these deportment as illegal.

Nolo provides a good explanation of State Laws Confronting Landlord Retaliation :

In most all states, information technology is illegal for a landlord to retaliate against y'all for acting inside your legal rights–for example, if yous have:

• complained to a building inspector, fire department, health inspector, or other governmental agency about dangerous or illegal living weather
• exercised your First Amendment rights to get together and present your views collectively, every bit in joining or organizing a tenant matrimony, or
• availed yourself of self-help strategies allowed by your state or local constabulary, such as deducting coin from the hire and using information technology to set up defects in the rental unit, or even withholding the rent entirely for an uninhabitable unit.

It'south important to empathize that the antiretaliation laws will shield you just for those activities that are mentioned in your country's statute. Not all states protect tenants for all three types of actions mentioned to a higher place. To see what's covered,  run across your Land Laws Prohibiting Landlord Retaliation. For case, in Washington, DC, a tenant who circulates a petition enervating ameliorate services cannot be retaliated against; but that aforementioned action would not exist protected in Florida, since "exercise of a legal right" isn't included in Florida'due south statute.

Likewise, keep in mind that eight states—Georgia, Idaho, Indiana, Louisiana, Missouri, Northward Dakota, Oklahoma, and Wyoming—do not have statutes or court decisions protecting tenants against retaliation. – https://www.nolo.com/legal-encyclopedia/free-books/renters-rights-volume/chapter11-1.html

Landlords and property managers are required to provide a safe and secure living situation for their renters.  Refusing to make repairs, intimidating your tenants, or retaliating confronting a tenant complaint is confronting rental housing regulations and volition negatively affect a renter's feel living on your holding.  If a renter feels threatened while living on your property or feels similar you lot are treating them unfairly, they may be inside their rights to file a complaint and piece of work with an chaser to have you to court for damages. Housing providers need to exist familiar with all landlord-tenant laws and any tenant protections in your area in order to best protect yourself from unintentionally harassing a tenant.

Want to learn more? Discover some examples of landlord harassment cases where a tenant was award amercement for Outrageous Landlord Behave, equally reported past Tobener Law Eye of San Francisco.

Feel similar you lot are existence harassed past your housing provider?

Rentec Straight provides this content for educational purposes merely. We cannot offer advice or tips on how to bargain with your harassment case.  If you feel like yous are beingness harassed, please contact your local housing say-so and speak with a lawyer. If y'all experience similar you are in danger, contact the police.

---

Related Reading For Y'all:

• Entitled Tenants: The Deviation between Bad Managers and Bad Renters
• Renter Quiz: What's Your Dream Renter Score?
• Acme 10 Landlord-Tenant Laws to Call up

stclairhowits1990.blogspot.com

Source: https://www.rentecdirect.com/blog/landlord-harassment/

Share this post