The rental agreement is something that is needed to be done between the landlord and tenants. When as the landlord, you start your journey; this is for sure that you give attention to the legal document like agreement because it helps you to get your rights and save your investment. At the same time, this agreement gives the rights to the tenants as well. Yes, you have read it rightly. Every renter has the rights and you as the owner of the property need to give respect to it. Otherwise, you will suffer as the tenants can take legal action against you. So, it will be good to understand each thing that can be the reason why tenants can sue you and also, get the information about the paths to avoid lawsuits as the landlord. Are you looking for information related to the same? If your answer is yes, then this article will give the information to you for sure. Here, you get to know about the top issues that can be the reasons for facing the lawsuits as the landlord.
Table of Contents
- Wrongful eviction
- Can tenant take legal step in habitable issue?
- Security deposit disputes
- What are the rights of the tenant’s consumer report?
- The best steps to take for protecting you from the tenants’ lawsuits
- Does the landlord insurance protect you against the lawsuit?
The property is yours; this is true but when the contract is signed, then for the tenure, the renters have all the rights to stay there. You can’t just evict them. But here this is also true that statistic says most of the time, the landlord is right in the process of eviction. But when he or she is wrong, then that eviction is wrongful eviction and this is one of the reasons why your tenant can sue you. So, it will be the need to understand about the evictions that give your tenants the right to take legal action as that is wrongful. Want to know about the same, then these are:
- Retaliatory Eviction
- Not following the state law while evicting
- Not respecting the privacy of the tenants
Let’s find the information about it.
When the landlord evicts the renters or denies renewing the contract in the response to the complaint which is one of the rights as per the tenant law in Maryland, then that eviction is called retaliatory eviction. This is totally illegal because, through the same, renter rights are not respected, so tenants can take legal action against the owner of the property.
Not following the state law while evicting
You may have a valid reason to evict the tenants, but that doesn’t mean that it gives you the right to kick your tenants to the street. You need to give them proper notice, follow the paperwork, and more. If you don’t follow the same, then the tenants have all the rights to take the legal action and take the cost of the court, fees of the attorney, and more. So, you don’t even think to do anything like the below:
- Stop the supply of utilities to the rental
- Throwing out the belongings of the tenants on the street
- Changing the locks
Not respecting the privacy of the tenants
Maryland Tenant Rights Laws give the right to renters for staying peacefully and if as the landlord you don’t give the respect of their privacy and go there without informing prior or doing anything that is making their stay challenging, then this will be considered as the privacy violence. If for this attitude, the renters need to be shifted, then you are liable to carry all the costs and more. Also, you don’t even think to act anything similar to the below things because it can be the reason for facing the legal consequences.
- Going to the office for discussing rental issues
- Welcoming others to the property without taking permission
- Improper entry to the property
- The penalties for the wrongful eviction
After facing these issues, the renters may search for the answer can I sue my landlord for harassment? And here the reply every renter gets will be a big yes. There is no doubt that it will be costly for the landlord. You need to pay for the below things:
- Court costs
- Legal fees
- The 3 times of the damages and monthly rent
- Returning back the security deposits
So, for saving yourself from such challenges, it will be good to give respect to their privacy and don’t even think to harass.
Can tenant take legal step in habitable issue?
Every tenant has the right to get the perfect habitat. If the tenants are not getting the same, then they have the right to take legal action against the landlord. If there is a small repairing issue, then you should inform about the same to the landlord and this will be done as part of good customer service. But it will never be something for that; renters can sue the landlord and that to be for the uninhabitable residence. If there are issues like pest problems, safety issues for the residence as structural damages are there, lack of sewage disposal, and more, then the renters can take legal action against the landlord by telling that they are not getting the right habitat in the property.
Security deposit disputes
One of the most common issues between the landlord and tenants is the security deposit disputes and for the same many lawsuits are done every year. If you find that the information about the security deposit is there in the rental agreement but not in detail, then it will not be perfect. So, it will be good to mention each thing about the deposit along with the terms of returning back, so that no confusion can be there.
You are not sure about the paths to take for saving yourself from the lawsuit by tenants, then you just follow the below steps:
- You have to ask for the right amount of the security deposit. If you don’t follow the same, then as per the law, the renters can take legal steps against you. So, don’t walk in that way, and take the amount that is legally perfect.
- You have to be perfect in doing the moving in and moving out inspection. If you can’t do it and don’t have the proof of the condition of your rental, then you may face lawsuits by telling that you are doing authorized claims, even that is perfect. So, you just do the inspection and also ask your tenant to sign the inspection report for avoiding unwanted situations.
- Spending money is easier than saving it properly. If you take the security deposit, then you need to give that back to the renter when he or she moves out. But how you do that if the amount you have already spent. So, it will be good to keep the amount separately and can open a bank account for it. Obviously, it helps you to erase all the confusions where the amount goes and more.
- When the renters move out, then you have to give the amount back. But when to give the same and the receipt you need to take against it will be the information you should take and act accordingly. After knowing everything, it will be easier for you to handle the situation.
Surely, these steps help you to avoid the lawsuit for a security deposit.
What are the rights of the tenant’s consumer report?
At the time, you start the journey of the landlord; it will be important for you to know the tenant’s consumer report rights as per the laws. In any situation, if you violate the Federal Fair Credit Reporting Act legislation, then it can be possible that you need to face legal action from the renters. This is for sure that when you do the screening of the perfect renters for your rental, then the role of the consumer report is important and at the same time, for processing the eviction, the tenant’s consumer report is also vital. But here you need to understand that at any time if you are violating the rules of taking the report and it is simply violating the rights of the renters, then the legal steps can be taken against you by the tenants and it will never be desirable for you. Want to know more about the things that you should avoid, then it will be:
- Not giving the proper reasons to reject the rental application and it leads the tenants in the situation that the renter is not getting the right home anywhere else.
- Taking wrongfuleviction action
- Asking for the deposits to have the rental than the market standard
- The ability is there to take the property on the tenants’ own income but still asking for the co-signer.
If you really want that to save yourself from the tenants’ legal actions, then you should know the federal credit reporting laws perfectly.
The best steps to take for protecting you from the tenants’ lawsuits
When you are part of the rental business and want to have the earnings from the investment, then you should understand the truth that there will be many issues and one of the same is facing lawsuits by the tenants. It will be good to know the right ways to make yourself protected from these. Want to know how you can do the same, then read the below write-up:
Providing the safe habitat
When you have the unit and give the same to the tenants, then the first thing you should give your attention that will be the safe habitat. If you don’t give attention to the safety of the renters and don’t make the needed repair to your property, then it is for sure that you are increasing the chance of facing legal actions by the tenants. So, you just give your time to understand the local and state laws, and then if you think your home is in the rent able condition, then you may move and take care of the property to experience the best.
Resolving the complaints quickly
If you get the complaints from the renters and still, you are not taking the ways to solve it, then this is for sure that you are throwing yourself in the middle of problems. So, to make your journey perfect, you should solve the issues quickly and do the repair as early as possible. For maintaining the property, you just never think more to hire the quality people because attentive towards the quality is not an option, this is the need.
Follow the agreement
You both sign the contract and if you are not following the rules of the same, then it is for sure that it pulls you towards the problems. In this case, the chances are there that the tenants sue you for the same. So, to avoid it, this will be needed to know the terms of the agreement and follow it rightly.
Does the landlord insurance protect you against the lawsuit?
When you have insurance, then it will be helpful in maintenance. There will be any repairing need and more, then the liability with the landlord will be minimum as the insurance coverage is there. But for the other cases like wrongful evictions and more will not be something that gets the coverage from the insurance. At the same time, as the landlord, if you do any violation on lease terms, then you will not get any support from the organization. Always remember the thing that to have the safety from the legal action, only your knowledge and the right attitude can save you, nothing can’t help you than this.
Well, after knowing everything, you still have the doubt you can do the right thing or not but having protection from a lawsuit is your need, then it will be good to hire the best from Residential Property Management Companies. The experienced staff of the organization will assist you in every single step, and the knowledge of the laws helps them to arrange everything and you don’t find yourself in any lawsuit. Surely, it helps you to own peace of mind, and the investment gives you the benefits that you are opting for without any legal problem.