Top 6 Illegal Landlord Actions to Avoid

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It’s relatively easy for rental property owners to unintentionally perform illegal landlord actions in the course of normal operations. Unfortunately, ignorance of the law is not an acceptable defense. Taking the time to acquaint yourself with some common landlord infractions can save you a lot of trouble later.

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Illegal Landlord Actions: Fair Housing Act

The Fair Housing Act is something that all landlords, property managers, and property management firms should be aware of. The Federal Tenant Legislation, as stated by the U.S. Department of Housing and Urban Development, guards against discrimination for those who are “renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities.”

Particularly, it is forbidden to discriminate on the basis of the following factors:

  • Race
  • Color
  • Nationality
  • Religion
  • Disability
  • Sex (gender identity and orientation)
  • Familial status

 

  • 1. Removing Access to the Apartment

You may have a great reason to lock a tenant out of a rental unit, but unless you have an eviction order from the court, you cannot. Some landlords think it is legal to remove access to the property when a tenant is not paying their rent, or disturbs and harasses others. It isn’t. Nor is it lawful to lock out tenants who are engaging in illegal activities on the premises. A property owner/landlord can report the suspicious activities to local law enforcement.

  • 2. Retaliation Against Tenants Who Complain

Whether a tenant has complained directly to you, or has filed a formal complaint against you with the city or state, you can’t retaliate using the apartment as leverage. We recommend avoiding the following actions after a complaint, that may be construed as retaliation:

  • A raise in rent
  • Taking too long to complete repairs
  • Making threats
  • Beginning an eviction
  • Turning off their utilities

If a complaint was made to a city official or state agency, you will have an opportunity to defend yourself and refute the complaint.

  • 3. Raising Rent Beyond What the Law Allows

In many states, the amount by which landlords can increase rents when renewing tenants’ leases is limited by law, and special rules apply in states that have rent control regulations. There are no such laws in South Carolina. There is no rent control and no caps on rent increases upon lease renewal.

However, in states like Carolina, landlords must abide by the terms of their lease agreements, which are governed by contract law. If your lease specifies a rent increase upon acquisition of a pet or a roommate, the rent increase in such cases cannot exceed the amount stated in the lease. The same is true of any renewal rent increase—it cannot be more than is allowed by the terms of the lease. If the lease makes no mention of such increases, you are free to set the new rent as you like, but bear in mind that exorbitant rent increases can cost you tenants.

  • 4. Refusing to Make Necessary Repairs

You are legally obligated to repair problems that can impact a tenant’s health or safety. Don’t pretend you are unaware of such repair needs and don’t wait for a tenant to file an official complaint that could result in citations or fines. When you do make repairs, obtain permits required by the municipality, and use licensed professionals who will do the job right.

  • 5. Violating a Tenant’s Right to Privacy

Entering an apartment without proper notice, EXCEPT in the case of an emergency, is the most common violation of tenant privacy. For example, you have the right to enter an upstairs apartment when the tenant is not home if water is leaking into the apartment below. In South Carolina, landlords must give tenants 24-hour notice prior to routine inspections, non-emergency maintenance and repairs, or showing a rental unit to a prospective tenant or buyer.

  • 6. Discriminating Against Tenants

You absolutely need to make sure that you don’t violate the Federal Fair Housing Law or any state fair housing rules that prohibit discrimination against tenants or prospective tenants on the basis of their race, color, religion, national origin, sex, disability, or familial status (including families with minor children, pregnant women, and adults in the process of obtaining custody of a minor child).

Landlords who refuse to rent to anyone protected by the Federal Fair Housing Act or a comparable state law can find themselves in very big legal trouble. Be very careful of what you say and do when advertising vacancies and interviewing potential tenants.

Final Thoughts

Understanding the laws governing the actions of landlords and exercising some caution and common sense should help keep you out of legal hot water.

Get in touch today to find out how we can help.

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