If you’re a property owner, investing in a rental property can be very rewarding, but tenants can complicate matters. When a tenant asserts that you have wrongfully evicted them, at times, it can be one of the most difficult circumstances a landlord can face. Maybe you felt you were doing the right thing, but things aren’t going the way you thought.
This is when it becomes important to determine whether you should obtain a wrongful eviction attorney. Making a mistake when it comes to the law can be costly, both financially and in time, stress, and reputation. Protecting your investment requires that you stay legally compliant as well. With that said, keep reading to see whether hiring a wrongful eviction attorney is warranted.
What Constitutes a Wrongful Eviction?
A wrongful eviction occurs when a landlord evicts a tenant, or attempts to evict a tenant, without following the appropriate legal processes. A wrongful eviction is not limited to changing the locks to keep a tenant out; it includes any act of removing a tenant without legal right. For example, a landlord’s wrongful eviction would include changing the locks to the apartment unit without giving notice, turning off utilities to con it away, or physically removing the tenant’s belongings onto the street.
Even the landlords who mean well can engage in wrongful evictions if they do not do the necessary things, such as properly filing a notice of eviction or obtaining a court order for a right of possession. In many states, tenants have the right of due process, which means that unlawful detainer must occur at law rather than by the landlord’s own self-help.
What elevates wrongful eviction to a significant consideration is the potential for substantial fines, lawsuits, and reputational harm as a property owner. All things considered, it may be worth a second thought to get consultation from an attorney and make sure the eviction is done the right way. Remember to also collaborate with property managers to reduce the risks of having a wrongful eviction claim.
Recognizing When Eviction Might Become “Wrongful”
- Warning Signs Property Owners Should Watch Out For
At times, a simple eviction can automatically become “wrongful” if you miss a step along the way or if emotions get too high. One of the biggest indicators that you may be going astray is asking a tenant to move without proper notice or before the lease period is over. Another potential violation is taking matters into your own hands, such as changing locks, shutting off water or electricity, or getting rid of a tenant’s possessions, all without the benefit of the courts.
It is also important to be cautious when dealing with tenants who have complained about your property or requested repairs. Even if you are acting without malicious intent, something as simple as retaliating may also be considered wrongful eviction. The same applies to discriminatory action. Evicting based on race, gender, or family status is strictly disallowed. Landlords must still follow state and local eviction laws even if tenants are already delayed in rent payments.
If you find yourself facing an eviction that seems rushed, emotional, or unclear, make sure that you pause and obtain professional guidance. If you identify these warning signs early enough, you can often prevent costly agreements and protect your reputation as a property owner.
- Common Legal Missteps Leading to Wrongful Eviction Claims
Most landlords are not interested in illegal evictions. They just happen, typically because of a small legal misstep that snowballs into a big problem. One of the most common mistakes is simply skipping or reducing the notice period. Even if the tenant has clearly breached the lease, you must adhere to the notice period before taking any action. Another common mistake is the self-help eviction rather than going through the courts, for example, changing locks, removing property, or shutting off utilities.
These actions may seem like an easy fix, but they can quickly turn into the basis for a lawsuit. Miscommunication often comes into play; that is, misinterpreting lease obligations or tenant rights that result in unintentional violations can cause landlords problems. Some landlords run into problems when they attempt to evict a tenant after a complaint about the condition of the property, as this could present an issue of retaliation. You can avoid costly wrongful eviction claims by identifying any mistakes your staff is making and obtaining legal advice before taking action.
How Can Property Managers Support Owners in Legal Compliance?
Property managers are charged with the overwhelming responsibility of keeping landlords compliant with the law. They tackle maintenance requests, lease agreements, and tenant complaints – all areas where legal missteps may happen, and are most often the first line of defense. A good property manager will stay up to date regarding the fair housing and property management laws at the local and state levels, so that every notice, inspection, or eviction process complies with the law.
They also help owners keep good records, and so much of the time, there are landlords, especially inexperienced landlords, who fail to do so. If there is some sort of discord, having a record of rent payments, requests for repairs, and communication to renters can be an intention to keep accurate records of leased property.
In addition to the record keeping, property managers serve as a buffer and assist in professionally managing sensitive contact with renters to appease potential minor disputes. Property managers can assist homeowners in protecting their investment, in peace of mind, by keeping all compliance details on track while recognizing bad behavior as soon as possible. In the end, it has become more about risk management than managing buildings.
Conclusion
In the end, safeguarding your investment involves knowing when to enlist appropriate assistance. Whether you’re dealing with tenant disputes or attempting to avoid expensive legal errors, speaking with a lawyer can save you time, money, and aggravation. They can walk you through the process, ensure you obtain legal compliance, and protect your reputation as a responsible property owner. Sourcing legal support is not just for when things go wrong; it’s a wise step to protect your investment and keep your business running efficiently.
