To stay out of legal soup, landlords should avoid the following mistakes:
5. Excessive Late Fee Charges
Undoubtedly, late fee charges can motivate tenants in to paying rent on time, and while, they can prove to be great motivators, some landlords may cross the line and go way overboard by setting fees with little or no resemblance to actual damages suffered by late rental payments. The law is cognizant of the fact and courts have begun to increasingly invalidate excessive late fees that cannot be justified with hard evidence. To be sure, a landlord is far better off for setting modest fees that reflect actual damages, while dealing with chronic late-payers by issuing them pay-or-quit notices.
6. Tenant Rights to Privacy Violations
As a rule, most states have laid down detailed rules regarding when, for what reasons, and how many hours (usually 48-hours) notice has to be issued before a landlord may enter a tenant’s home. However, there are many landlords who arrive unannounced, even as they proceed to check things over, or perform an on-the-spot repair, or show the place to prospective tenants. What a landlord must remember is that repeated violations of a tenant’s privacy, excuses him / her from any further obligations under the lease, and could result in the court-ordering cash damages against the landlord.
That apart, landlords should make themselves cognisant with all rules and regulations before drafting tenancy leases or rental agreements. They must also take all necessary precautions, such as, tenant screenings, background checks on prospective tenants, including making certain all rental lease clauses are adhered to, as insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for their tenant screening and background check services. www.e-renter.com, the best
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