Provided by AAOA
Bed bugs were in the news last fall when infestations appeared throughout Europe, particularly in France.
Zachary DeVries, associate professor of urban entomology at the University of Kentucky, recently told Multifamily Dive that the bugs — flat, brown creatures that tend to nest in furniture and feed on human blood — “have been a consistent and steady issue in homes, apartments and hotels since their population in the country surged in the late 1990s, likely owing to an increase in international travel and restrictions on indoor insecticides.”
Bed bugs can nest anywhere, including five-star hotels and first-class airline seats, but infestations are most commonly seen in low-income housing. DeVries owes this phenomenon to the cost of removing bed bugs, especially when that burden is placed on residents.
Bed bugs feed on human blood and can cause redness, itching, and allergic reactions. They can travel from one apartment to another, making it hard to get rid of them. If the landlord is not informed of the bed bugs’ presence, the tenant may risk getting evicted for failure to maintain a clean living environment.
How to prevent the spread of bed bugs
One important thing to impress upon residents is the danger of bringing in secondhand furniture, particularly if it’s been sitting outside. “That’s probably one of the easiest ways that [bed bugs] get brought in,” DeVries said.
Ben Hottel, entomologist at Atlanta-based pest control company Orkin, suggests the following strategies that properties can use to prevent bed bug infestations:
- Conduct regular inspections. “It’s best to first look for actual live bed bugs [first] and then signs of bed bugs such as blood stains, fecal matter and discarded exoskeletons,” Hottel said, noting that these signs could also be attributed to other insects.
- Promote cleanliness. Hottel recommends encouraging regular vacuuming and washing of bedding.
- Eliminate hiding places. This includes filling in cracks in plaster or drywall, removing wallpaper and repairing loose molding.
- Encourage residents to use special bed covers. These are designed to protect mattresses and box springs, and to make inspections and treatments easier.
It is a tenant’s responsibility to report the presence of bed bugs as soon as they are discovered. In turn, the landlord is legally responsible to quickly take appropriate measures to eliminate the bugs. They must take the issue seriously, respond swiftly and provide their other tenants with information about the bed bug infestations and their eradication since bed bugs can travel from one unit to another, making it very hard to get rid of them.
Legally, landlords are responsible for covering the costs of bed bug elimination. In some states, tenants have the right to withhold rent until the landlord fully resolves the bed bug issue. Tenants can also demand compensation from the landlord for the loss of personal belongings damaged by bed bugs or to cover any expenses incurred in temporarily relocating.
The legal and health issues roaches bring with them
By law, landlords must maintain a healthy, habitable living environment for their tenants, which includes ensuring there are no pest infestations. Neglecting to handle a roach infestation can lead to legal trouble, with tenants possibly suing for breach of contract or negligence.
In addition to their legal obligations, landlords may face code violations and fines from local health departments if they fail to keep their rental properties free of roaches. As a result of these violations, landlords may face hefty fines, legal action, and in extreme cases, property condemnation.
Cockroach infestation has little to do with cleanliness and mostly to do with how many are in the building. Roaches can cause many health issues for tenants, including asthma and other respiratory problems. As roaches crawl around, they tend to transport bacteria, germs, and diseases from one surface to another, including the surfaces in rental properties. They have the potential to transmit salmonella, e. coli, and other harmful bacteria, leading to food poisoning, diarrhea, and other infections. They can also trigger allergies in some people, causing sneezing, runny nose, itchy eyes, and skin reactions.
The only real method of eliminating roaches is to tent the entire building and fumigate, and landlords rarely want to do that due to the expense.
According to RentVision, if a tenant has notified their landlord of a roach infestation and the landlord fails to take corrective action within a reasonable amount of time, the tenant may be able to stop paying rent without penalty. This is known as “rent withholding,” and it is a legal option for tenants who believe their landlord has violated their right to a habitable living space.
How can I know if my rental has termites?
Termites are destructive pests that can cause significant damage to the structure of a building and can also pose health risks to its occupants. If your rental property has a termite infestation, your tenants have the right to take legal action against you.
According to Rental Awareness, termites are small, wood-eating insects that live in colonies, thrive in moist environments and feed on cellulose materials, which are commonly found in wood structures. Due to their ability to remain hidden and their insatiable appetite for wood, termite infestations can go unnoticed for long periods, causing significant damage to the infrastructure of a property.
If you want to determine whether your rental property is infested with termites, there are several signs you should look out for:
- As termites consume wood, they can cause wooden fixtures to warp, leading to difficulties in opening or closing windows and doors.
- When termites swarm, they shed their wings, which may be found near windowsills, light fixtures, or other areas where they are attracted to light.
- Termites build mud tubes to travel between their nest and food source. These tubes are typically brown or gray and can be found along walls, foundations, or other surfaces.
- Termites feed on wood, causing significant damage over time. Look out for wooden structures that sound hollow when tapped or have a honeycomb-like appearance.
- Termite droppings, also known as frass, resemble tiny wood-colored pellets. They may be found near termite tunnels or other areas infested with termites.
- Inspect the interior of your rental property. Pay close attention to areas where there is wood, such as baseboards, windowsills, door frames, and wooden furniture.
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What is a landlord’s exposure with regard to infestations?
Landlords often try to blame their tenants for an insect infestation. However, an infestation of bed bugs, cockroaches or termites is not an issue to be ignored and legally you are bound to address the issue properly. If you fail to deal with the situation and/or do not compensate your tenant for the damages and losses incurred, they may file a lawsuit against you.
Per Rental Law Awareness, while the specific provisions can vary, they typically outline the duties of landlords to mitigate, control, and remediate termite infestations. Violation of these laws can result in legal consequences for the landlord.
The specific duties may vary depending on local laws and regulations, but generally, landlords are expected to:
- Maintain the property in a habitable condition, free from infestations that can affect the health or safety of the tenants.
- Take prompt action to eradicate the insects and prevent further damage.
- Conduct regular inspections to identify and address any signs of bed bug, roach and termite activity.
- Provide necessary repairs and treatments to eliminate the insects and restore the property to a habitable state.
If a landlord has been unresponsive or negligent in addressing the infestation problem, poses a risk to their tenant’s health and safety, or refuses to compensate them for damages caused by the infestation, it may be necessary for the tenant to pursue legal action.
If the landlord fails to address the bed bug infestation, the tenant may be able to terminate the lease without penalty. They can also file a complaint with the local health department or the housing authority. In some cases, tenants may need to escalate disputes to small claims courts or hire legal representation to file a lawsuit against the landlord for breach of contract.
Disclaimer: All content provided here-in is subject to AAOA’s Terms of Use. Nothing contained on this website constitutes tax, legal, insurance or investment advice, nor does it constitute a solicitation or an offer to buy or sell any security or other financial instrument. AAOA recommends you consult with a financial advisor, tax specialist, attorney or other specialist who is able to properly advise you.
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Provided by Fair Housing Instutute
Technology has fundamentally reshaped the way property managers and their staff interact with residents. With new advancements in artificial intelligence (AI), many tools that properties use for payments and resident communication are being upgraded. These innovations offer efficiency and convenience but also raise important fair housing considerations.
Property managers must ensure these tools remain inclusive, accessible, and compliant with fair housing laws. In this article, we’ll explore how AI is reshaping communication and payments in property management—and how to navigate the risks while leveraging the benefits.
The Evolution of Communication in Property Management
AI-powered chatbots and automated messaging systems are becoming the norm, helping property teams respond to resident inquiries, process maintenance requests, and even screen rental applications. While these tools increase efficiency, property managers must be mindful of accessibility challenges and compliance risks, particularly under the Fair Housing Act.
AI-driven communication must be equitable and accessible for all residents, including those with disabilities. Over-reliance on automated digital tools could unintentionally exclude residents who require verbal communication due to visual impairments, speak languages not supported by AI systems, or have limited digital literacy or internet access. Ensuring fair housing compliance means offering multiple communication channels, regularly auditing AI tools for potential bias, and training staff to override AI responses when necessary.
Remember, you understand that compliance is non-negotiable, whereas AI is continually learning. A balanced approach allows property managers to take advantage of AI’s efficiency while maintaining fairness in resident interactions.
The Shift Toward Digital Payments
Property management companies are increasingly moving away from cash and check payments, instead encouraging residents to use online portals, digital wallets, and automated bank transfers. These systems streamline financial operations, reduce late payments, and provide residents with greater flexibility. AI-powered financial tools are now capable of predicting rent payment trends, sending automated reminders, and even offering customized payment plans based on resident behavior. The ability to automate these processes allows management teams to focus on more pressing concerns while maintaining smooth financial transactions.
Despite the benefits, digital payment systems present challenges that property managers must address. Many residents, particularly those from lower-income households, may not have access to online banking or credit cards. Others may rely on government-issued checks or prefer cash payments for personal reasons. When digital payments become the sole method of rent collection, these individuals may face unnecessary barriers.
To remain inclusive, property managers should ensure that multiple payment options remain available to meet the diverse needs of their residents. Moreover, AI-driven payment reminders and automated late notices must be carefully managed to avoid unintended pressure or harassment, which could lead to compliance concerns.
The Risks of AI in Property Management
As AI becomes more embedded in property management operations, it is essential to recognize the potential risks it introduces. AI systems are built on data, and if that data contains inherent biases, the AI may unintentionally perpetuate discrimination. This is particularly concerning in areas such as resident screening, maintenance prioritization, and customer service interactions. When AI is used to assess rental applications, there is a risk that it may favor certain demographic groups based on historical trends rather than making neutral, fair decisions. Similarly, automated maintenance scheduling may inadvertently prioritize certain buildings or residents over others based on flawed algorithms.
To mitigate these risks, property managers must take proactive steps to ensure that AI-driven processes remain fair and compliant. AI systems should be regularly audited to identify and correct any biases that may influence decision-making. Transparency is also critical, as residents should have a clear understanding of how AI is used in property operations, particularly when it affects their housing opportunities. Additionally, human oversight must remain a fundamental part of the process. While AI can enhance efficiency, it should never serve as the sole decision-maker in matters that impact residents’ rights and fair housing compliance.
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Implementing AI Responsibly in Property Management
Responsible implementation of AI requires a thoughtful and strategic approach. Property managers should work closely with technology vendors to ensure that the AI tools they adopt align with fair housing requirements. This includes understanding how the AI’s algorithms function and verifying that they have been tested for potential biases. Relying on third-party software without reviewing its compliance features can lead to unintended fair housing violations, making due diligence essential when selecting AI-powered solutions.
Equally important is the need for ongoing training. Property management staff must be educated on how AI tools operate and how they interact with fair housing laws. Regular training sessions can help teams recognize when an AI-driven decision may be problematic and when human intervention is necessary. AI should function as a support system rather than a replacement for human judgment, and staff members should feel empowered to override AI recommendations when fairness or compliance is at stake.
Continuous monitoring and adaptation are also essential. As AI technology evolves, so do its potential risks and benefits. Regular audits can help property managers assess whether their AI tools are operating as intended or if adjustments are needed to maintain compliance. By staying informed about advancements in AI and fair housing regulations, property managers can ensure that their use of technology remains both effective and ethical.
The Future of AI & Fair Housing Compliance
Looking ahead, AI will continue to play a significant role in property management, with advancements in predictive analytics, automated leasing, and personalized resident experiences. However, as AI becomes more sophisticated, regulatory scrutiny will also increase. Housing authorities and fair housing advocates are already paying close attention to how AI influences rental decisions, and new guidelines may emerge to address concerns about algorithmic discrimination. Property managers who stay ahead of these changes by proactively refining their AI strategies will be better positioned to navigate the evolving regulatory landscape.
The challenge moving forward will be balancing technological innovation with fair housing compliance. AI and digital payment systems offer undeniable benefits, but they must be designed and implemented in a way that enhances, rather than restricts, resident access and equality. The key to success lies in adopting technology responsibly, ensuring transparency, and maintaining a strong commitment to fair housing principles and training.
Conclusion
AI-driven communication and digital payment systems are revolutionizing property management, offering increased efficiency, cost savings, and improved resident experiences. However, these benefits come with the responsibility to uphold fair housing standards. Property managers must take an active role in ensuring that AI and digital tools do not create unintended barriers for residents. By maintaining multiple communication and payment options, auditing AI-driven decisions, and providing ongoing staff training, property managers can embrace innovation while fostering an inclusive and compliant housing environment.
As the industry moves forward, the most successful property management companies will be those that integrate AI and digital solutions thoughtfully enhancing operations while safeguarding the principles of fairness, accessibility, and equal opportunity for all residents.
This article was provided by the Fair Housing Institute.
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In our 100th episode of Your Landlord Resource, Stacie shares a deeply personal story of grief, caregiving, and loss—and how she and Kevin continued to self-manage their rental properties through one of the most difficult periods of their lives.
We’re not just talking about landlord tips today—we’re talking about how to stay grounded, motivated, and operational when life knocks you down. From caring for aging parents to managing tenant issues and unexpected emergencies, this episode is all about perseverance, preparation, and learning to keep your rental business running—even when your world feels like it’s falling apart.
If you’ve ever felt like walking away from it all, this episode is for you.
🧠 What You’ll Learn in This Episode
- How to manage rental properties when personal life takes over
- Why systems and standard operating procedures matter more than ever during crisis
- How Stacie and Kevin leaned on their partnership to keep the business running
- The importance of planning, communication, and flexibility as a self-managing landlord
- Why you should never make major real estate decisions during an emotional low point
- How rental income created flexibility during a family crisis—and why that freedom matters
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Landlord Insider is a newsletter produced by Your Landlord Resource with rental property tips, landlord specific articles, and podcast links.Read more - Strengthening Policies, Procedures, and Written Communication
Tip of the Week Start the landlord – tenant relationship off on the right foot. When tenants move in, there is stress, chaos, and it's hard for them to find basic necessities. Our small token of appreciation is left on the kitchen counter to greet them and let them know we appreciate them as a tenant. While we include snacks, we also include items we want them to use in the unit. Our welcome basket includes: a blue sponge with a note asking them not to use the green abrasive ones, touch up…Read more
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If you have good tenants who look after your property well, pay the rent on time, and don’t receive any complaints from the neighbors, you’ve won the jackpot!
Great tenants make your life easy but they can be hard to come by. So, it’s no surprise that you want to retain them long-term.
In this article, we will share our Landlord Checklist for high tenant retention rates and demand. We hope that it helps you secure great tenants who stick around for the long term.
The Benefits of High Retention Tenants
Here we’ll cover some of the benefits of high retention tenants.
Source: Rental Housing Journal
Regarding fire safety, properly operating smoke detectors is one of the most essential tools for alerting property owners and firefighters of dangerous home and apartment fires before they happen.
They are a simple tool that saves lives.
According to the National Fire Protection Association, “Roughly three out of five fire deaths happen in homes with either no smoke alarms or no working smoke alarms.”
This means that the risk of death from a residential or apartment fire is cut in half in homes with operable smoke alarms. In states such as Arizona, where I work, rental property owners must provide smoke detectors to their tenants. However, fire safety requires more than just installing smoke detectors on your property: You must also maintain them. Doing so will keep your property and, more importantly, your tenants better protected against fires.
Here are a few tips from an Arizona fire protection expert on maintaining smoke detectors.
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In this episode, we are digging into five common oversights we see landlords make all the time (plus a few extra ones)—and trust me, they can quietly eat away at your profits if you’re not careful. We’re talking about the kinds of things that seem small but lead to big issues later, like outdated leases, messy tenant files, or treating your rental like a side gig instead of the business it really is.
We’ll walk you through real examples, give you actionable tips you can use right now, and share some of our favorite tools to help you stay on top of it all. If you’re ready to clean up your systems and stop letting things fall through the cracks, this one’s for you.
Let’s tighten things up, protect your investment, and keep your rental business running like the well-oiled machine it should be.
🔍 What You’ll Learn in This Episode:
- How treating your rentals like a hobby instead of a business costs you money
- The importance of record-keeping, financial systems, and digital files
- Why missing lease renewal dates can lead to vacancies or legal risk
- How outdated lease agreements can open you up to legal trouble
- What your tenant files should include—and when to purge or update them
- Tools and services that can help you stay organized and protect your business
- Mid-year tips to keep your business clean, compliant, and profitable
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- Strengthening Policies, Procedures, and Written Communication
Tip of the Week Start the landlord – tenant relationship off on the right foot. When tenants move in, there is stress, chaos, and it's hard for them to find basic necessities. Our small token of appreciation is left on the kitchen counter to greet them and let them know we appreciate them as a tenant. While we include snacks, we also include items we want them to use in the unit. Our welcome basket includes: a blue sponge with a note asking them not to use the green abrasive ones, touch up…Read more
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By Richard Berger
California is preparing for new move-in, move-out documentation law that requires landlords take photos of rental units before and after a tenant moves in. Digital photography and storage through property management software could help.
A layer of complexity will be added to onsite and maintenance teams in California regarding move-ins, move-outs, and security deposits when California law Assembly Bill (AB) 2801 goes into effect this year.
The new documentation law requires landlords to take photos of rental units before and after a tenant moves in. The law also requires landlords to provide these photos to tenants along with any itemized deductions.
Apartment owners or management companies must take high-resolution, date-stamped photos of the unit before the tenant moves in and immediately after the tenant moves out.
Beginning April 1, an owner or management company must take photographs of the unit within a reasonable time after the possession of the unit is returned to the owner/manager but before any repairs or cleanings for which the owner/manager will deduct from the deposit are completed, and that the owner/manager take photographs of the unit within a reasonable time after the repairs or cleanings are completed.
Owners must take photos of the unit after repairs or replacement items such as appliances are complete or the new item is installed.
AB 2801 takes effect for move-ins on or after July 1, 2025.
AB 2801 also imposes stricter limits on security deposit deductions. It clarifies what qualifies as “reasonably necessary” charges for cleaning and repairs
The bill restricts any deductions taken by a housing provider against a tenant’s security deposit, limiting such deductions to reasonable amounts and repairs that are “reasonable and necessary” to restore the premises to their condition before the tenancy, except for ordinary wear and tear.
Assembly Bill 2801 prohibits operators from deducting the cost of professional services such as professional carpet cleaning, unless reasonably necessary.
“In the long run, this is going to help reduce disputes,” Kim Arnold, Vice President – Management, Atlantic Pacific Management, said.
Arnold said her on-site team would handle the photography during the initial walk-through, and her maintenance team would handle the photography at the move-out stage.
Her firm operates 2,500 units in San Diego and Riverside County with an annual turnover rate of 24.1 percent, well below the industry average of 50 percent.
Her teams also must manage the process, such as labeling the photos and downloading and preserving the images.
Mobile maintenance apps have grown in popularity in recent years. Software tools such as AppWork and others streamline and simplify the process, allowing digital photography and storage to be handled through an onsite team member’s company-issued phone.
“The move-out post-repair photos will be the most difficult logistically and administratively because, for example, when replacing a stove, the new stove doesn’t always arrive within 21 days, so you must wait for it,” Arnold said.
“In the end, we don’t want to go to small claims court over security deposit complaints. We give our managers a lot of latitude when deciding how to handle the situation. We haven’t been to court in eight or ten years.”
The documentation law, AB 2801, could create unnecessary delays in the turnover process, directly impacting unit availability and operational efficiency. According to Sean Landsberg, CEO of AppWork, the key will be leveraging technology to streamline photo capture, organization, and retrieval while minimizing disruptions to day-to-day maintenance work.
“Meeting the requirements of AB 2801 means going beyond just taking photos, it requires a structured process for taking, storing, and accessing images efficiently,” Landsberg said.
“Maintenance software allows teams to capture high-resolution, time-stamped photos directly within a work order, automatically linking them to the unit’s history for easy compliance. By automating this process, operators can ensure they meet legal requirements while keeping their teams focused on core maintenance responsibilities rather than administrative tasks.”
Windell Mollenido, VP of Marketing & Technology, REMM Group, called AB 2801 a big deal.
“That’s going to take a lot of time for our maintenance and onsite teams,” he said. “It’s almost as if they have to record a virtual unit tour with their smartphones. That’s not to mention having to label the images, upload them to our property management platform, and manage them.
“This is not exactly what we have in their job descriptions. They’ll need to focus on taking consistent images – that means focusing on the right things and not blurry. We’d rather have them spend more time maintaining our apartments by handling work orders.”
REMM manages approximately 6,000 apartments throughout Southern California – from San Diego to Los Angeles to the Inland Empire.
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Posted by Livable Content Team
Extreme weather events are becoming more frequent and severe, affecting communities worldwide. Property owners and managers are increasingly forced to adapt to unpredictable conditions, from heatwaves and hurricanes to prolonged droughts and heavy storms. As climate change accelerates, its impact on the housing industry and utility management is undeniable. Understanding these shifts and implementing resilience strategies is essential for maintaining sustainable, efficient, and cost-effective property management practices. In this article, we explore how changing weather patterns affect property operations and what can be done to prepare for an uncertain future.
The Rising Costs of Climate Change
Extreme weather events not only cause physical damage to buildings but also lead to increased operational costs, insurance premiums, and utility expenses. Heatwaves, for example, drive up cooling costs, while flooding events strain drainage systems and require costly repairs. Hotter summers result in significantly higher air conditioning usage, impacting energy efficiency and driving up utility bills. Severe storms and flooding pose risks of structural damage that can require long-term maintenance expenses. Meanwhile, drought conditions in some regions contribute to rising water costs and limit availability for residents. To mitigate these growing costs, property owners are investing in climate-resilient infrastructure, improved water management, and energy-efficient systems to ensure long-term sustainability.
Sustainable Building Practices for a Resilient Future
Sustainable and climate-conscious construction methods are essential for adapting to extreme weather. Energy-efficient and water-conserving buildings not only reduce operating costs but also contribute to long-term environmental stability. Green roofing and improved insulation help regulate indoor temperatures, reducing reliance on heating and cooling systems. Stormwater management systems prevent flooding by collecting and repurposing rainwater for landscaping. Energy-efficient windows and doors minimize heat loss in winter and reduce cooling demands in summer. New construction codes and policies are increasingly requiring sustainable building materials and energy-efficient designs. Property owners who adopt these practices early will benefit from lower operating costs, improved tenant retention, and compliance with evolving environmental regulations.
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Water Conservation Strategies in an Era of Drought
Water shortages are becoming a global crisis, and property managers must find ways to conserve water while maintaining tenant comfort. Implementing water-efficient solutions ensures long-term cost savings and sustainability. Low-flow fixtures, such as water-efficient faucets and showerheads, can significantly reduce consumption without compromising functionality. Smart irrigation systems that use sensors and timers prevent overuse while maintaining healthy landscaping. Drought-resistant landscaping with native plants can further minimize outdoor water needs, reducing dependency on irrigation systems. With water rates continuing to rise, conservation is no longer just an environmental responsibility but a financial necessity. Investing in water-saving technologies and policies can help property owners avoid costly regulatory penalties and long-term operational expenses.
The Role of Utility Management in Climate Adaptation
As climate change increases energy and water demands, efficient utility management becomes more critical than ever. Property managers can adopt modern billing and conservation strategies to reduce costs and encourage responsible usage among tenants. Smart metering and monitoring systems help detect leaks and energy waste in real time, allowing for quicker intervention and cost savings. Utility cost allocation programs ensure tenants are responsible for their own usage, discouraging excessive consumption and promoting mindful energy use. Renewable energy integration, such as solar panels and battery storage, provides an opportunity to offset rising energy costs while reducing reliance on traditional power sources. By aligning property management strategies with climate adaptation, landlords can stay ahead of emerging environmental regulations while ensuring long-term financial stability.
The Need for Climate-Resilient Property Management
Climate change is reshaping the way properties are managed, from rising utility costs to the need for sustainable building solutions. By investing in energy-efficient infrastructure, implementing smart conservation practices, and improving utility management, property owners can ensure long-term financial stability while contributing to a more sustainable future. Understanding where climate-related inefficiencies exist and taking proactive steps to address them will be key to maintaining resilient and profitable properties in the years to come.
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Source: liveaboutdotcom
Legal Reasons to Go to Court
Conflicts between landlords and tenants cannot always be easily worked out. Sometimes, the only way to resolve the issue is in court. There are many times a landlord has a legal right to sue their tenant. Here are twelve reasons a landlord can bring a tenant to court.
Why Would a Landlord Sue a Tenant
Filing a lawsuit against anyone can be a stressful experience, but it does have certain advantages.
- Tenant Could Settle to Avoid Court: The first advantage, and the one many people hope for when filing a lawsuit, is that the case will never actually go to court. The hope is that, after receiving the court summons, the tenant will want to avoid the hassle of going to court and potentially losing anyway. They would rather pay the amount the landlord is requesting or compromise on paying a lesser amount that the landlord agrees to accept. This would also keep the tenant’s name off the court records.
- Recover Money Owed: Sometimes taking a tenant to court is the only way to receive the money you are owed from the tenant. If a tenant does not believe they are responsible for paying for damages at the property, it can be very difficult to get them to pay the money unless they are legally obligated to do so.
- Receive Additional Damages: In court, you can sue the tenant for the actual money you are owed, but also for additional damages. For example, if a tenant breaks their lease and moves out early, you can sue them for the rent that is due for the remainder of the lease and potentially the costs associated with finding a new tenant to fill the vacancy.
- Clear Your Name: Suing your tenant and winning will provide legal proof that you were in the right.
- The Case Will Be on Record: You will have a record that you won a court case against your tenant. This can be beneficial if the tenant ever tries to sue you at some point in the future. A victory will also show that you are a landlord who follows the law and knows the proper procedures and practices for running a rental property.
Risks of Taking a Tenant to Court
There are advantages to suing your tenant, but a landlord must also understand the risks involved. There is no guarantee of victory and you could trigger a counterclaim from your tenant.
- You Could Lose: Filing a lawsuit is not a guarantee that you will win the lawsuit. You could spend your time, energy and money going to court and still lose.
- Could Win, But Never See the Money: You could be awarded the money owed to you by the court, but you may never actually collect this money. Although the tenant will now have a judgment against them, you could be trying to chase the tenant down for years to collect the money you are owed.
- Cost: Whether you win or lose, there will still be costs involved with going to court. You will have to pay a court fee just to file your case. This fee varies widely by jurisdiction. Depending on the nature of your case, you may also have to hire an attorney to represent you, which can get very expensive very quickly.
- Tenant Could Countersue: By initiating a lawsuit, you could anger your tenant, leading them to countersue. You could wind up losing the lawsuit and then have to pay even more money to the tenant in damages and attorney’s fees.
Is Suing the Only Option?
Instead of filing a lawsuit, a landlord can send a demand letter to the tenant in the hopes that it will be enough to get the tenant to pay what they owe. This letter may be intimidating enough to avoid a court battle. A landlord can also decide to do nothing and chalk up any losses as a learning experience.
Make your business an LLC
Structuring your business as an LLC can bring important advantages: It lets you limit your personal liability for business debts and simplify your taxes. Here, you’ll find the key legal forms you need to create a single-member or multi-member LLC in your state, including:
- LLC articles of organization
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- LLC reservation of name letter, and
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Form Your Own Limited Liability Company has easy-to-understand instructions, including how to create an operating agreement that covers how profits and losses are divided and major business decisions are made. You’ll also learn how to choose a unique LLC name that meets state legal requirements and how to take care of ongoing legal and tax paperwork.
12 Reasons You Can Sue Your Tenant
There are endless reasons that you can take a tenant to court. Some of the more common reasons a landlord can sue a tenant include:
- Unpaid Rent: If a tenant has not paid their monthly rent, you can first send them a notice to pay rent or quit. If that does not work, you can file to evict the tenant. At the same time, you can also sue them for any rent they owe.
- Unpaid Utility Bills: If there are any outstanding utility bills at the rental property in the tenant’s name, you can sue the tenant to recover this money. Often, you can deduct this amount from the tenant’s security deposit. If the security deposit is not enough to cover the expense, you can sue in small claims court to recover the rest.
- Damage to the Property: A landlord can sue a tenant if the tenant has caused damage to the property. Again, you can start by deducting the amount of damage from the security deposit. If the security deposit does not cover the amount of damage done, you can take your tenant to court to hopefully get the rest of the money you are owed.
- Unapproved Alterations to the Unit: If the tenant has made changes to the unit without approval, you can sue the tenant to recover the money it will take to restore the unit to its original condition.
- Tenant Owes More Than Security Deposit Amount: If you have taken the maximum amount of deductions from the tenant’s security deposit, but they still owe more, you can try to recover the rest in small claims court.
- Countersue for Security Deposit: A tenant may sue if they believe you wrongly withheld their security deposit. In this case, you can countersue to show you had every legal right to withhold or make deductions from their deposit.
- To Recover Lost Rent From an Illegal Move Out: If the tenant moved out before their lease was actually up, you can take them to court to recover the rent they owed for the remaining time on their lease.
- To Recover Costs to Find a New Tenant After Illegal Move Out: Some states will also allow you to pursue a tenant who has moved out early for the additional expenses you may incur trying to find a new tenant for the unit. This could include things like marketing costs and utilities.
- Expenses to Dispose of Tenant’s Abandoned Property: You can sue a tenant for the cost to dispose of or to store their abandoned property.
- Tenant Used the Property for Illegal Dealings: If a tenant used the property for some illegal means, you can sue them to recover damages.
- Illegally Have a Pet: If you have a no pets policy and you find out the tenant has an animal, you can sue them for damages and for any additional damage the pet has caused at the property.
- Other Breaches to the Lease Agreement: If the tenant has broken any other clause of the lease and it has caused you monetary, emotional or physical harm, taking the tenant to court could be the way to collect the money owed to you.
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Listen On:
In today’s episode, we are tackling a challenge that just about every landlord is feeling right now: rising insurance costs.
We’re sharing real stories about our own rental properties, breaking down why insurance rates are climbing, and giving you practical tips on how to protect your investments without paying more than you have to.
You’ll hear why it’s so important to review your policy details, especially after upgrades, and how small changes might help you save money over time.
We’re also talking about the pros and cons of switching to lower-cost insurance companies like Progressive or Lemonade, plus giving you our honest take on insurance pooling and whether it’s worth the risk.
If you want to stay ahead of rising costs, protect your properties, and make smart insurance choices, this episode is packed with information you can use right now.
And don’t forget to grab our free Insurance Review Checklist for Landlords to help you spot easy updates you might be missing!
What You’ll Learn in This Episode:
✅ Why landlord insurance is getting more expensive—and what’s driving the trend
✅ How to make sure your policy reflects upgrades and reduces unnecessary risks
✅ Why increasing your deductible might make financial sense
✅ What to know before switching to lower-cost insurers like Progressive and Geico
✅ Our honest thoughts on insurance pooling programs (and why we’re cautious)
✅ How proactive maintenance and tenant education can help prevent claims
✅ How rising construction costs and building codes impact replacement values
Resources & Links Mentioned in This Episode:
🔗 NEW! FREE Insurance Review Checklist
🔗 Listen about Vacancy Insurance: Part 1: The Nuts and Bolts of Residential Rental Property Insurance (EP20)
🔗 Listen: Creating Standard Operating Procedures For Your Business (EP6)
🔗 YoLink Water Detection Alarm System: Without WIFI or With WIFI HUB
🔗 Clean Dryer Lint Signs
🔗 Only Flush Toilet Paper Signs
🔗Listen: The Importance of Rental Property Inspections (EP4)
🔗 Listen: Renters Insurance: Why Landlords Should Require It (EP67)
🔗 Listen: Spring Maintenance Checklist for Rental Properties (EP3)
🔗 Listen: Fall’s Checklist: Rental Property Maintenance for a Hassle-Free Winter (EP27)
Connect with Us:
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- How to Deal with Rising Landlord Insurance Costs
Landlord Insider is a newsletter produced by Your Landlord Resource with rental property tips, landlord specific articles, and podcast links.Read more
- Strengthening Policies, Procedures, and Written Communication
Tip of the Week Start the landlord – tenant relationship off on the right foot. When tenants move in, there is stress, chaos, and it's hard for them to find basic necessities. Our small token of appreciation is left on the kitchen counter to greet them and let them know we appreciate them as a tenant. While we include snacks, we also include items we want them to use in the unit. Our welcome basket includes: a blue sponge with a note asking them not to use the green abrasive ones, touch up…Read more
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