In an ideal world, every one of your tenants would follow the stipulations of your lease to the letter. However, it’s likely that at some point, you’ll have a tenant who violates the terms of your lease. Whether your tenant has repeated noise complaints or is late on the rent, these situations can be difficult to deal with—especially if your tenant is a repeat offender.
Unfortunately, there’s no one-size-fits-all solution to lease violations; each of them must be dealt with on a case-by-case basis with consideration of your tenant’s history. All lease violations should be addressed, but some are more serious than others. With that in mind, here’s a look at some common lease violations and the steps you can take to resolve them.
Please note this is for informational purposes only and is not intended as legal advice. Laws may vary based on your location.
What’s Considered a Tenant Lease Violation?
In the simplest terms, a lease violation is a breach of contract by your tenant. When you presented your lease (or rental agreement) to the tenant and they signed it, they were agreeing to follow the conditions you laid forth in order to rent your property.
Any situation where they fail to comply with the requirements and conditions of your lease is considered a lease violation—regardless of whether it’s a minor breach of contract or a major one. As the landlord, you ultimately have to decide how you’ll handle the violation and what consequences (in any) there will be. When determining consequences, they should reflect the severity of the violation. For example, a one-time parking space violation should have a lighter consequence than a tenant who’s repeatedly late on rent.
Keep in mind that you’re also bound by the terms of the lease, so it’s important to ensure you’re following them to the letter. One of the most common lease violations committed by landlords is the failure to respect tenants’ privacy. This can cause a variety of issues for you, including withheld rent, fines, and the tenant breaking their lease agreement. Severe landlord lease violations can also result in legal trouble.
For this reason, it’s important to play your part. Model good adherence to the terms of your lease and prioritize addressing your tenants’ requests and concerns—particularly if they’re related to the habitability of your properties. A strong landlord-tenant relationship can greatly reduce the chances of lease violations from both parties.
Common Tenant Lease Violations
Some of the most common tenant lease violations include:
- Habitually Late Rent Payments
Sometimes unexpected things happen in life, and a tenant may be behind on their rent. If they’re a responsible tenant with a good payment history, it’s worth giving them a little leeway. However, if they may a habit of paying their rent late, it’s time to remind them of the terms of the lease they signed.
To prevent rent payment issues, make sure you have payment due dates clearly stated in your lease so that even a single occurrence of late rent is a lease violation. To give tenants even more incentive to pay their rent on time, you may also want to consider adding a late payment or lease violation fee to the terms, which, depending on the situation, can be waived at your discretion.
- Noise Violations
If you’ve ever had a noisy neighbor, you understand how disruptive it can be. Most standard leases should have a clause regarding noise violations that covers times when loud noises aren’t permitted and what’s considered too noisy. You should always address noise complaints you receive from other tenants or neighbors.
Often, a phone call and reminder about the terms of the lease will resolve the issue. If the tenant tells you that they only had their music loud because another tenant had their music loud the day before, it’s best to talk to both of the tenants.
- Long-Term Guests
Tenants have a right to have guests at their homes, but there comes a point when a long-term guest is really an unofficial tenant living at your property without your permission. For this reason, you should have a clause in your lease that puts a limit on how long a guest can stay and still be considered just a guest. Any number of days that goes over your limit is a lease violation. Be sure to include a consequence for violating the lease, such as raising the rental fee for each month the guest lives at the property or terminating the lease agreement.
- Unauthorized Pets
Pets can cause significant property damage, which is why many landlords prohibit them from their rentals. Whether you allow pets or not, if your tenant adopts a new pet without telling you, they’re violating the terms of the lease. It’s especially important to address the matter if you don’t allow pets, as other tenants at the property might judge the allowance of the pet as unfair treatment.
Make sure your pet policy is clearly stated in the lease; if you allow pets, be as specific as possible about which pets you allow. For example, if you allow dogs, are there any breed or size restrictions? You should also include a clause stating that tenants must notify you of any new additions to their homes. As a consequence of violating the lease, you can start with a violation letter, impose a fine, or require an additional deposit. If the tenant doesn’t cooperate, consider issuing a 3-day notice to cure or quit.
- Unauthorized Renovations
Although tenants have the right to decorate their living space, any renovations they want to make should be discussed with and handled by you. This includes things like knocking out walls, painting rooms, installing new windows, or changing the locks.
Most standard leases require renovations to be approved by the landlord in writing; failure to do so is a violation of the terms of the lease and should come with some form of consequence—even if they’re a simple misunderstanding. Depending on the situation, this could be in the form of a lease violation letter, a fee, or even eviction for a more severe violation.
- Unsanitary Conditions
Tenants have a responsibility to keep your property clean and habitable; otherwise, you may end up having a pest problem on your hands. Unsanitary conditions also create an unsafe environment for your other tenants and neighbors—so it’s important to address the issue immediately.
One of the best ways to prevent unsanitary conditions is to inspect the property before a tenant moves in. Take photos and document the condition of the property, and make sure to include a clause in your lease stating that the tenant is expected to keep the property clean and in good condition. If the tenant fails to do this, you can give them a warning to clean up their act; if they continue to violate the terms of the lease, you can pursue eviction.
- Property Damage
Normal wear and tear are expected at any rental property, but true damage can quickly drive down the value of your property and be expensive (and time-consuming) to repair. To prevent disputes, take photos and document the condition of your property before a new tenant moves in, and make sure to have them sign the photo log to acknowledge the accuracy of your move-in inspection.
Perform property inspections from time to time so you can spot potential property damage before it gets worse. If your tenant causes property damage, let them know they’re violating the terms of the lease and that they’ll be responsible for as much of the repair costs as your local laws allow.
- Illegal Activities
Illegal activities, such as drug use or gang activity, puts you and neighboring tenants in jeopardy, so they need to be dealt with right away. Contact law enforcement and serve a notice to serve or quit immediately.
How to Write a Lease Violation Notice
A lease violation notice is an official notice informing your tenant that they’ve violated the terms of the lease. It should include the time period you’re allowing them to correct the issue, as well as any consequences of their actions. In most cases, landlords will send out a lease violation notice before moving forward with the eviction process.
Here’s what your lease violation notice should include:
- The address of the rental property
- The tenant’s name
- The date of the notice
- A description of how they’ve violated the lease, as well as dates and times (if applicable) of the occurrence
- The deadline to correct the issue
- The consequences the tenant faces if they fail to resolve the issue or continue to violate the lease
A lease violation notice should be polite and professional, but firm. Tenants can violate their lease unintentionally, so keep that in mind as you write the letter. After all, turnover can be expensive and time-consuming, so it’s best to foster a healthy relationship with your tenant, even in cases where they’ve violated the lease.
Before sending the notice, it’s a good idea to check your local laws to ensure you’re giving the tenant the right amount of time to correct the issue. Send the notice via certified mail, so you can be sure your tenant received it. If you’ve served the notice and the tenant violates the lease in the same way at a later date, you may want to consider eviction. Check your local laws or consult with a lawyer to decide the best course of action.
Reduce Lease Violations with Tenant Screening
Lease violations are relatively common and impossible to completely prevent—however, you can greatly reduce the number of lease violations by using tenant screening to find the most qualified renters for your property.
All of our screening services are available online 24/7; we also offer RentalConnect, which allows you to defer the cost of the report to the applicant. As with all our reports, we strongly suggest reviewing your local laws to ensure you’re using the information legally. Some states and local governments have enacted limits to when certain types of screenings can be conducted and under what circumstances. For more information and tips on tenant screening, visit our blog or contact us at 800-523-2381.
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