In previous blog we have mentioned how it is illegal for landlords to act in a retaliatory manner towards tenants and that acting in a retaliatory manner can have major consequences for a landlord or property manager.However, it can be confusing and at times ambiguous as to what is considered a retaliatory action towards a tenant.
Landlord is when a landlord who is in a position of authority punishes a tenant for making a genuine complaint. In the case of property management, if a landlord acts against a tenant by evicting them or drastically raising their rent after they complain about an issue like lead paint or broken pipes that action might be considered retaliatory. In fact, many states even protect tenants who take a portion of rent to cover costs related to fixing these issues if tenants tried to get their landlord to fix these issues, but they failed to.
In most if a refusing to renew a lease, threats and files notice, raising the or does not perform services requested because of a tenant complaint it would be considered a retaliatory action which if the tenant can prove can lead to legal and financial consequences for the landlord. However, in several states such as Florida, exercising a legal right is not protected by the state’s anti-retaliation law and landlords may be free to tenants or raise their rent even after they have made a complaint.
Therefore, if a it is very important that you review your state’s anti-retaliation laws so that you can understand what action may be considered retaliatory. Also, it is important that all landlords track all tenant complaints and how they addressed those complaints. in their property management system. Landlords can also protect themselves against a tenant’s claim they acted in a retaliatory manner in the case of an eviction or rent raise by tracking the reasons for such actions, such as non-payment of rent within their property management system.
This post is provided by RISSOFT Residential and Commercial Property Management Software, specializing in innovative and cutting-edge property management software for all 50 states. Request a demo or contact us today to receive more information.
Disclaimer: The information provided in this post not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.