How do you handle a lease violation? It’s one of those things that a lot of people don’t like to think about. They don’t like to talk about it, they don’t like confrontation and just hope it goes away. The reality is, bad things only get worse when you ignore them. The best practice when a lease violation comes up is to handle it right away, keep emotions out of it, and follow up in a timely manner.
If you have a tenant that is violating their lease, you have an obligation to enforce that lease agreement. Remember you’re running a business. You want to protect your asset, and part of protecting your asset is enforcing the lease agreement.
You really need to be careful if you choose not to enforce a lease agreement when a tenant violates the lease. You could potentially void the contract yourself because you as the landlord are not upholding the lease agreement. Although you feel like you’re being a nice person, you are actually doing a disservice to yourself and the tenant. I recommend taking emotions out of it and keeping the situation completely neutral.
If the tenant violates any part of the lease agreement such as, paying rent late, skipping rent payments, or even violates noise ordinances, it needs to be addressed and handled promptly and professionally.
The first step in handling a lease violation is to serve the tenant with proper notification. Sometimes the tenants may not know they are violating the lease agreement. Have something in writing, notifying them of the violation and a time frame in which to have the violation resolved.
Posting proper notification is crucial to enforce your legal rights. Although each circumstance is different, you want to make sure the tenant is fully aware of the violation and there is a plan in place to correct it. Here at Envy Property Management, beyond serving a notice, we always consult our attorneys before taking any legal action towards a tenant as each case and circumstances are different. I recommend you do the same if legal action is ultimately necessary.
Lease violations are not the scariest thing in the world, but if you don’t handle it promptly and correctly it could wind up costing you much more in the end or even wind up in court. This is Tanya with Envy Property Management, thanks for watching today, if you have any further questions, give us a call and see how we can help you with Management Services on your investment property. Our number is 801-337-4337 or you can also visit our website for more information www.envypm.com. See you next time.
