Rental property owners and property managers must handle many different types of situations. One of the most difficult issues to deal with can be tenant harassment and bullying.
It can be tempting to ignore bad behavior by residents towards others. Some property owners might even prefer that tenants handle disagreements between themselves. However, professional property managers understand that ignoring the problem isn’t an option. Property managers have a responsibility to keep their tenants safe and happy. Besides that, some government agencies (such as HUD) require landlords to mediate problems between tenants. Letting resident harassment or bullying go unchecked can get a rental property owner in legal trouble.
When an issue arises between tenants, or among residents and visitors, there are some questions that property managers can ask themselves to help determine when or if they need to get involved. These questions are:
Does the resident’s behavior pose a risk or the possibility of endangering another?
If it does, the property manager would be wise to intervene immediately. Ignoring such behavior could lead to serious consequences, including legal action against the property manager or owner.
Did the violation or behavior threaten another’s safety?
If another’s safety is in fact threatened, then it would make sense to take immediate action. This could involve contacting local authorities, issuing warnings, or even beginning the eviction process if necessary.
What does the lease or addendum say about the behavior?
This is a good best practice. Often leases will have a clause for handling this type of unwanted behavior, such as outlining penalties or grounds for eviction. Reviewing the lease can provide clear guidance on how to proceed.
Is there a policy against tenant discrimination, harassment, or bullying?
Absolutely, yes. In the state of California, for example, there are specific laws that protect tenants from harassment and discrimination. Property managers should ensure their policies align with these laws and take appropriate action when violations occur.
Professional property managers understand they cannot ignore complaints about harassment or bullying. Complaints of harassment and bullying must be objectively investigated. This is especially true if a resident is displaying discriminatory behavior, making intolerant remarks, or exhibiting threatening behavior.
Should it become necessary for a property manager to get involved, they must be prepared to offer legitimate solutions to the problem. Some solutions may include offering relocation options. Another is letting one or both parties out of their leases without penalty. A third option is to provide information on free mediation services. If the harassment is severe enough, property managers should require the complainant to contact local authorities. If the police or courts get involved, property managers need to be prepared to offer options that will honor protection orders, change locks, and bifurcation of the lease to remove someone convicted of domestic violence.
Hopefully most property managers will not have to deal with harassment and bullying among tenants very often. Having a no discrimination policy, leases that cover harassment and bullying behavior, and being prepared to quickly handle situations if they arise, will help ensure that it is handled correctly if it does occur.
