It’s not certainly pleasant, but it’s a reality that on occasion renters violate the terms of their lease in particular ways that result in a fine. There are lots of reasons why a renter may risk being fined and quite a lot of violations could bring on a fine. But also understand that fining for renter violations is a delicate business that is easy to get wrong. It should only be done after all other methods of communication have been exhausted, and the renter has refused to faithfully comply with the lease agreement. Let’s scrutinize the common reasons an East Hampton property manager may fine a renter, the best practices for doing so, and some important pitfalls to avoid.
When a Renter Violates the Lease
Seemingly the most prevalent reason for fining a renter is after they’ve violated the terms of their lease agreement. This could be anything, but usually covers:
- Late rent
- Unauthorized pet
- Unauthorized occupant
- Unauthorized vehicle
- Noise violation
- Failure to provide an updated or renewed insurance policy
- Property damage caused by renter negligence
Managing lease violations can be complicated because you want to make sure that the fine is fair and proportional to the offense. It’s significant to have clear language in your lease as regards what will lead to a fine and how much those fines will be. Penalties should, in addition to that, be consistently enforced for all renters, not just selectively applied.
Best Practices for Fining a Renter
After reviewing your lease terms thoroughly to warrant that your renter has violated them, you should first possess evidence of the lease violation. This can be accomplished through pictures, written statements from other renters or witnesses, and documentation of any previous communication with the renter about the breach.
Once you have successfully compiled evidence, the next step is to issue a warning to the renter and make them correct the behavior. The only exception is late rent; late fees or fines related to late rent payments can usually be applied without warning.
If the renter does not keep it, a fine can be issued according to the terms of the lease agreement. Use official communication methods like a certified letter or email to inform the renter of the fine and how it will be collected. It is significant to completely document all communication and actions taken if the circumstance escalates and legal action needs to be pursued.
Pitfalls to Avoid
It’s imperative to point out that fining a renter should never be used as a form of retaliation or harassment. Fines should only be issued when they are fair and needed to enforce the lease terms.
Fines should also be consistent – not arbitrarily issuing them to several renters but not others. This can bring on a hostile living environment and lead to likely legal complications. Overall, fines should simply be employed as a last resort to make certain the safety and well-being of all renters and the East Hampton property itself.
On top of that, it’s vital to follow all state and local laws regarding rent increases, late fees, and other rental regulations. Failing to do so could bring on unpleasant legal consequences.
Fining renters should never be the first resort, but it is true that, on occasion, it is needed to provide a safe and compliant living environment for all renters. By figuring out the reasons and best practices for fining a renter and avoiding potential pitfalls, you can efficiently manage lease violations and maintain a positive relationship with your renters.
Working with renters who violate their leases can be arduous and time-consuming. Instead of just going it alone, check about calling in the experts at Real Property Management Unlimited to help! We present a full range of property management services, freeing you from the undesirable business of fining renters. To learn more, contact us online.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
