subject: Common Reasons Why Landlords Sue Their Valued Tenants [print this page] From the very beginning, a landlord-tenant relationship is doomed to be thorny and complicated. Tenants have the right against dangerous housing conditions and could take legal action in case the landlord deliberately breached the contract of lease. On the flip side, landlords are given the privilege to file claims under certain circumstances.
Tenants should be aware that laws encompassing landlordtenant relationships differ from state to state. Therefore, it is essential that you seek legal aid from tenant advocacy group such as the Fair Housing Council, or a local attorney, before proceeding.
Tenant's Failure To Give Rental Payment
Give the property manager or the landlord and early notice that you will not be able to pay for your rental fee. Such action may help the property owner devise an alternative arrangement or payment plan that could help you settle the problem. Usually, tenants are given a period of three days to pay or move out from the rental unit. The property owner has the right to evict or take legal actions against you if you fail to give the rental payment after days. He might go to court for back rent if rental fee has not been paid for more than a month.
Consistent Deferred Payments
Even if you are able to pay your rental payment, the landlord can still evict or file a lawsuit against you if you continue giving delayed rental payments. Fortunately, the property owner cannot file claims for back-payments in these situations. Along the proceedings, the landlord has to prove that you have demonstrated a trend of significant tardiness in delivering your rental payment. However, a trend or significant delay is subjective and the laws encompassing landlord-tenant relationship may vary, depending on the state where you reside. Basically, the period past a day is considered late, but there are property owners who give their occupant's a grace period.
Property Damages
If it has been proven that the damage in the property is premeditated, the landlord can claim for monetary compensation. The property owner is obliged to provide you a notice ahead of time, which may or may not contain a request to repair the damage or surrender your deposit.
Violation Of Lease Agreement
Notwithstanding the variation of state-to-state laws, the tenant is bound to the conditions in the lease and verbal agreement. It is necessary to scrutinize and understand your lease thoroughly and keep a copy on hand. The property-owner must offer a notice asking the renter to refrain from violating the lease before filing a lawsuit. The property manager should warn the occupant before invalidating the lease unless it is caused by failure to provide give rental payments.
