Even the most diligent landlord will eventually encounter a problem tenant. How a landlord addresses tenant issues can be the difference between successful property management and a failed real estate venture. Based on my twenty plus years of experience as a landlord/tenant lawyer in the State of Colorado, I have some tips that will help you successfully navigate several pitfalls that are often encountered by landlords.
1. Remember This is Your Business.
Don’t ever personalize anything. You should be courteous and professional to your tenants, even when your tenants do not treat you the same way. Don’t let your ego get in the way of running a successful business enterprise.
2. Prevent Tenants from Becoming a Problem by Addressing Tenant Concerns and Complaints Immediately.
Listen to your tenants carefully. If a repair is required, take action and do not let the problem fester. If you are unable to address your tenant’s concerns, take the time to explain why you are unable to do so in an understanding manner. Perhaps you can direct your tenant to a resource that can help your tenant address his or her issue on their own. Make yourself available to respond to emergencies, and always answer the phone when your tenant calls. A tenant who feels that you care about them is a lot less likely to become a problem tenant.
3. Tenants Appreciate Lots of Notice.
Just like yourself, tenants have busy lives and demanding schedules, and most tenants place a high value on their privacy. Accordingly, you should provide your tenants with the maximum amount of notice possible before you enter their unit or conduct any repair that might interfere with their busy lives.
4. Keep Good Records.
The landlord/tenant relationship should always begin with a professional lease prepared or reviewed by a landlord/tenant attorney. Make sure the lease clearly states the landlord’s expectations as well as the landlord’s obligations. Also be sure to document the condition of the unit on the date a tenant takes possession. A photo or video is a must. Third, maintain accurate records of payments from tenants as well as your correspondence with each, including dates and times of any communications. You should also keep detailed records of any problems that occur, such as lease violations or complaints against a tenant. Again, dates and times are important. Finally, keep detailed records of maintenance performed on behalf of each tenant, and return promptly whatever portion of a security deposit that is owned a tenant. The timely return of a tenant’s security deposit is the last impression a tenant will have of you as their landlord. Like any other business, when a “customer” is happy, he or she will tell others and create goodwill that is invaluable.
5. Don’t be an Absentee Landlord.
Visit your properties often without invading the privacy of your tenants. Inspect your properties and make sure they are in a condition that you yourself would desire to live in. Make sure all interior and exterior maintenance is up to date.
6. Avoid Problems Before They Happen.
Screen your tenants. In Colorado, you can perform a background check for as little as $6.00. It’s every landlord’s instinct to rent his property as quickly as possible. However, taking a little extra time to establish and confirm information about your tenant is time well spent.
7. Don’t Make a Bad Situation Worse.
Even the best landlord will inevitably rent to a tenant who is a habitual problem. Sometimes, the best policy is just to mitigate the damages created by a problem tenant. With the assistance of a competent landlord/tenant attorney, you may wish to institute an eviction proceeding. This may be particularly advisable when a tenant has had a history of being in default in the payment of rent or always pays the rent late. Other times, you may want to be rid of a tenant that continually fails to conform to even the most reasonable of rules. Make sure you provide the tenant with the notices that are required by law once you determine that the relationship is not worth saving. Be open to the possibility of a settlement wherein the tenant agrees to promptly vacate. The longer a bad tenant is allowed to occupy your rental unit, the more likely he or she may contaminate the living atmosphere for your other tenants and/or neighbors.
We Can Help You.
At Lustigman & Wolfson, LLC, we can help you with all your landlord/tenant needs, from lease preparation to eviction. Based on our years of experience, we can help you find the best solution for your landlord/tenant problems.
Please call us today at (303) 437-9910 so we can talk about how we may be able to assist you. We take calls seven days a week between the hours of 8:00 a.m. and 9:00 p.m.
© Scott Wolfson, Esq, 2011
