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When Tenants Breach The Rental Agreement: Next Steps For Landlords

Category Advice

 

Property management offers many rewards but also comes with many challenges, especially when dealing with breaches of rental agreements. These breaches can lead to complex situations and potential legal troubles if not managed correctly.

As a landlord, it's crucial to understand how to effectively handle these breaches to maintain control over your property and secure your investment. Below, we explore common rental agreement breaches and provide steps and tips that landlords can use to resolve them effectively.

Tips for Landlords to Handle Common Rental Agreement Breaches

What is a breach of rental agreement?

A breach of contract occurs when one party fails to legally abide by a binding agreement. For landlords, it's essential to understand that while breaches can be frustrating, immediate actions like eviction should not be your first step. Instead, it's important to follow a structured approach to handle these situations effectively and legally. Here are some common rental agreement breaches and the steps landlords can take to resolve them:

1. Late or unpaid rent

Tenants may struggle to pay rent on time due to life circumstances. This common issue is often seen with poor communication between tenants and landlords. Even with lease agreements specifying payment deadlines, late payments can lead to lease violations and making the process exhausting for landlords.

 

To address concerns of late or unpaid rent, consider implementing a late payment fee. This gives the tenant some time to make the payment and ensures that landlords still receive their payment. If this does not solve the problem, landlords can initiate the eviction process by issuing a lease violation notice. This states that if the tenant fails to pay the amount due by the deadline, the landlord can proceed with evicting them from the property.

2. Property damage

Damage to the rental property is a common and serious breach of the rental agreement, demanding significant time and expenses from landlords. Therefore, it is essential to inspect, photograph and document the property's condition before the tenant moves in or between tenant occupancies.

 

With this documentation, landlords can evaluate the property's condition during interim inspections and post-occupancy. This also allows landlords to assess and determine the costs to repair damages resulting from negligence or other issues.

3. Extended guest stays

When tenants occupy the property, landlords risk having undocumented long-term tenants residing on the property without permission. While short-term guests staying for a day or two are acceptable, this should be clearly indicated in the lease agreement.

 

It's important to specify the maximum number of days visiting guests are allowed to stay and note that any stay beyond this period breaches the lease agreement. Additionally, landlords should consider increasing the rental fee per person per month or ultimately terminating the lease agreement if the terms are violated.

No worries! Let the professionals handle it!

Managing a property involves many factors and handling tenant concerns and inquiries can be exhausting. That's why our professional and experienced team at SAproperty.com is here to assist. From general property management to finding your next investment property, we can do it all and more to ensure you have no worries. Contact us today!

 

Author: SAproperty.com

Submitted 02 Jul 24 / Views 513