What happens when a tenant doesn’t follow the rules outlined in the lease agreement? It’s a question that every rental property owner should be prepared to answer. After all, lease violations pose one of the biggest challenges with property management in Monument. Lease violations range from unauthorized pets or occupants to late rent payments, noise complaints, or even HOA violations. So then what steps should you take to handle lease violations at your Monument rental property? Check out our seven tips on doing just that!
Best Practices for Handling Lease Violations at Your Monument Rental
Review Your Lease
First things first, it’s important to understand what’s outlined in your lease agreement. This is the key document that communicates responsibility as well as what steps must be taken in the event a violation occurs. Your lease is the foundation of the rental agreement. It sets the stage for how to move forward in any given situation, including lease violations. If you feel a violation has occurred at your Monument rental, check the lease first. Review what responsibilities or clauses cover the situation to determine if a violation has actually occurred. If so, take action accordingly as outlined in the signed agreement.
Gather Evidence
Documentation is key in many aspects of property management, lease violations included. Without evidence, you have no proof and therefore have no leg to stand on should the situation escalate. Make sure to keep adequate records and photos where applicable. If the issue is late rent payments, keep records of the resident’s payment history, late fees applied, and how many payments were missed altogether. This is important in the event you decide not to renew the lease at the end of the term because of their late payment history, especially here in Colorado.
If the violation is an unauthorized pet or property damage, take photos of the evidence, whether it’s the pet itself, pet supplies, or the damaged condition. Keep records of complaints from neighbors or other issuing factors like the city or HOA. The more records and documentation you have of the problem, the stronger your case will be should things escalate.
This is where regular property evaluations come in handy, too. With Real Property Management Colorado’s full-service property management, we conduct regular property evaluations and walkthroughs of the property, both inside and out. Doing so not only ensures the residents are holding up their end of the bargain but also helps keep up on routine and preventative maintenance and maintain satisfaction and well-being. Contact us today to learn more about our property evaluations and the huge benefit they provide to tenants and rental property owners alike!
Communicate and Follow-Up
We’re all human, and we all make mistakes. When a violation occurs, it’s often unintentional. Many lease violations can be resolved with a simple conversation or warning. Inform your residents both verbally and in writing about the issue and the steps needed to resolve it. Remind them of the terms of the lease agreement they signed and provide them with a copy of the lease if they can’t find theirs. Remain professional and non-confrontational with all communications, keeping empathy in mind. Some residents may not even realize they violated the lease and will take quick action to remedy the situation right away. A polite yet firm discussion can often lead to a quick resolution and helps maintain a positive landlord-tenant relationship.
Once you’ve reached out for the initial conversation, schedule a follow-up with your residents to verify that the issue has been resolved. Document the situation, including when you reached out and when you followed up. Keep thorough records of all conversations and establish a proper timeline. Provide your residents with a deadline to resolve the issue and stick to it. Make sure to offer them steps to resolve the problem. For example, if they have an unauthorized pet and you’re not willing to allow it, you can ask them to remove it within a specified timeframe.
Follow the Proper Legal Steps
In the event the resident fails to comply and fix the lease violation, you may need to take the next legal steps to ensure compliance. This includes sending the required legal demands for compliance, and, if permitted, taking the steps to evict them. Every state has different laws or regulations on what steps must be taken before an eviction can occur. There are also differences in what a landlord can or can’t evict a tenant over. Make sure to check your local laws and requirements before proceeding with any legal steps to resolve a lease violation.
Enforce The Terms of the Lease Equally and Fairly
Consistency is key when handling lease violations. If you let one tenant get away with a violation while enforcing rules strictly with another, you could face accusations of discrimination. Apply your policies uniformly to all tenants.
Take Steps to Avoid Future Violations
Clarity and understanding help avoid future challenges. Make sure to take steps to prevent future lease violations by establishing clear terms in the lease agreement. As laws and situations change, update your lease agreement to ensure the best possible protection and compliance under the law. Take measures to thoroughly screen residents prior to renting to them. This helps catch any red flags before handing over keys. Conduct regular walkthroughs of your property during the term of the lease. This allows you to ensure compliance and gather evidence in the event there is a violation. Keep the lines of communication open and professional when dealing with tenants.
Handling lease violations properly is essential for maintaining a positive landlord-tenant relationship and protecting your property investment. By following these steps, you can address issues fairly and legally while keeping your rental property running smoothly. Always stay informed about your local rental laws and seek legal advice if necessary to ensure you’re making the right decisions. Last but certainly not least, consider hiring a property manager like Real Property Management Colorado to help you enforce the terms of your lease and keep your Monument rental property protected.
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