Handling Residential Tenant Claims

Regardless of the quality of your residential real estate, it is still possible for tenants to become dissatisfied, whether or not they have a valid reason. Landlords will receive claims from tenants that range from abuse to discrimination to faulty business practices, and you have to be ready to deal with all of them.

As any attorney worth his salt will tell you, the best line of defense against residential tenant claims is proper documentation. If you record in writing all aspects of your business, you will be able to answer any tenant claims quickly and efficiently.

Handling Residential Tenant Claims #1: Respond both in writing and in person.

Most residential tenant claims are made out of anger and/or out of spite. You can often soften the blows by responding quickly and amicably to the claim. Explain – both in writing and in person – why their claim is not valid, but also express your sympathy for their plight.

I say to respond both in writing and in person because the two methods cover different ground. Responses in writing will protect you legally because you’ll have a record of how you responded, and a personal, vocal response can help to assuage the tenant’s anger or spite.

Handling Residential Tenant Claims #2: Request Proof

If the tenant continues down the road toward litigation for whatever slight they believe you have committed, ask to see proof of their claims. Many tenants will make accusations just to see if you will back down from a fight. They may want money, leniency, or just an apology, but whatever the case, they must have proof. If they don’t, chances are they will simply let the matter drop.

Handling Residential Tenant Claims #3: Make Restitution

If you are at fault for the problem – and only if – then you can attempt to make restitution for the problem outside of court. Before doing this, however, I would seek the counsel of an experienced attorney to make sure that you are taking the correct course of action.

Handling Residential Tenant Claims #4: Get it In Writing

Regardless of whether you make restitution or not, write down your proposed resolution, and have the tenant sign that they understand. Even if your response to the issue is, “ABC Apartments does not believe that we have any liability toward the tenant”, have them sign a document saying as much.

Handling Residential Tenant Claims #5: Present Your Proof

If you feel that you are not at fault, present proof that demonstrates your lack of liability. For example, if you are accused of discrimination based on the rejection of an application, give detailed reasons why you declined that application, such as black marks on a credit history report or a negative reference. Often, proof will simply make the problem go away.

Handling Residential Tenant Claims #6: Be Proactive

The worst thing that you can do when it comes to residential tenant claims is to sit back and watch the situation unfold. Instead, take a proactive approach to the matter, and respond to ever step taken by the tenant with one of your own. If litigation is threatened, contact an attorney immediately and begin collecting paperwork that will help support your case. Don’t let an angry or spiteful tenant take advantage because you failed to take any initiative.