Landlord harassment is the willing creation, by a landlord or their agents, of conditions that are uncomfortable for one or more tenants in order to induce willing abandonment of a rental contract. This is illegal in many jurisdictions, either under general harassment laws or specific protections, as well as under the terms of rental contracts or tenancy agreements.[1][2][3]
This kind of activity can be more common in regions where rent control laws apply to tenancies, with rent-controlled prices not extending to the subsequent tenancy, thus allowing landlords to set higher prices when the current tenant leaves.[1]
Harassment of tenants may include practices such as withholding maintenance, assault, verbal harassment, or written harassment.[4] One example is sexual harassment, also known as "sex for rent". This practice involves landlords letting properties, rooms, or other accommodations to people in return for sexual favours.[5] This issue has been raised by both UK media and MPs, with the then Secretary of State for Justice, David Lidington, suggesting that such arrangements are in breach of the Sexual Offences Act 2003, stating "... an offense is committed when a person offers accommodation as they are inciting/causing another person to have sex with them in return for 'payment'".[6][7]
Types
Methods employed in cases of landlord harassment include but are not limited to the following:[3]
At common law tenants were entitled to the "quiet enjoyment" of leased premises.[9] American common law has also adopted the "warranty of habitability" which ensures that residential premises remain in repair.[9]
In the United Kingdom and the Commonwealth, the Human Rights Act may provide a basis to establish what is fair and reasonable between tenant and landlord. The right to private and family life, and the right to enjoy one's possessions, are enshrined in this law. The right to an effective remedy and the right to express oneself freely should give the tenant the confidence to seek timely and reasonable resolution should they be suffering or under duress. Although human rights legislation is generally only enforceable against public bodies, it provides a framework of reasonability.
Depending on the specific circumstances, United Kingdom legislation such as the Public Order Act 1986 and the Fraud Act 2006 may provide specific remedies. Both common law and public order legislation make it an offence for persons to behave wrongfully in a dwelling e.g. breach of the peace. Fraud legislation makes it an offence for a person to make a wrongful or forced gain (monetary or other) personally or for the body they represent.
Many local jurisdictions have specific landlord-tenant legislation that outlines the duties of the landlord, a breach of which may be considered "harassment". For example, in California, Civil Code Section 1954, limits the landlord's right of entry,[10] in New Mexico, there is an extensive "Owner-Resident Relations Act"[11] and in New York City, a Certification Of No Harassment (COHN) is required to make any occupancy alterations.[12][13]
Reasonable entry by the landlord
The conduct of business inside or at a dwelling must depend upon the reasonableness and willingness of the parties. If a landlord desires to inspect the dwelling at reasonable intervals and at reasonable times, it is advisable to have this in a proper contract.
In any case, the purpose of the inspection must be clear, and the conduct of the inspection must be properly regulated. The purpose of any inspection is to ensure the integrity and good maintenance of the property, and the adherence to the agreement that exists between landlord and tenant. Entry into a dwelling does not give the landlord the right to gather information on, or to investigate, or interfere with, the privacy of the tenant. Any installation of surveillance equipment, such as video cameras, must be reported to the residents and/or landlords; this surveillance is only permitted in common areas, meaning video cameras are not permitted in rooms with added expectations of privacy such as bedrooms and bathrooms.[14][15] Short term occupancy, such as residing in an AirBNB, is also protected from voyeurism/surveillance under the same expectations: hosts/landlords must warn guests/renters of video cameras and these devices are limited to common areas.[16] If the tenant is not comfortable dealing with the landlord or agent, then the tenant may wish to appoint a representative or friend. In either case, a simple and sensible record should be made.
Commercial landlords can not harass their tenant by interfering with the entryway of a commercial building in any manner including creating real or metaphorical barriers. An example of a real barrier would be boarding up the store while an example of a metaphorical barrier would be failing to remove snow from the sidewalks.[17][18]
The time taken to carry out the task should be reasonable. The tenant may not wish to conduct business inside a dwelling, and can reasonably ask the landlord to meet or transact business at an alternate place or address.
For example, the landlord (or agent) may attend to the premises to carry out an inspection which will normally take only a matter of minutes. The parties may then agree to exchange a simple written statement of facts, and then meet at a neutral place to discuss the matter or remedy.
Frequency of landlord visits
Unless carrying out repairs, replacements and other work, the landlord is to limit the timing and frequency of entries to the minimum possible [19][20]
Landlord entering the unit
Once an individual has rented an apartment, they have legal possession of it for the duration of their tenancy. The landlord must give the tenant reasonable notice before he can enter the tenant's private home.
Originally, in an agricultural society, the law expected the landlord to rent the property to a tenant and then leave the tenant alone. It gave the landlord no right of access, but also no responsibility for repairs. The modern urban tenancy, especially in a multi-unit building with many building-wide systems, has forced that law to change. The landlord now has an obligation to make repairs and gets a right of access for that purpose. But that does not supersede the tenant's rights to privacy and to "quiet enjoyment" of the premises.
One of the most common landlord-tenant disputes involves access for making repairs. Various countries have regulations that make reference to codes or hazards. These codes and hazards vary depending on the jurisdiction of the state or country.[21][22] For a landlord to discharge their legal duty to check and maintain the rental property the tenant is required to allow the landlord "reasonable access" at reasonable times to carry out the repairs. What is "reasonable", however, is the subject of frequent disputes. A tenant may insist on giving the landlord access only by appointment, but they must be reasonable about scheduling appointments. To give an extreme example, since the landlord usually must schedule tradespeople during the normal working day, it is not reasonable for the tenant to insist that the plumber can only come in on Sunday evening. Plumbers, carpenters, painters, and other tradesmen sometimes operate on unpredictable or busy schedules, so if they fail to keep appointments, tenants are encouraged to document the missed appointment in writing to the landlord, in a letter or e-mail, and keep a copy. Because some landlords may use lack of access as an excuse, tenants are also encouraged to keep scheduled appointments and maintain a well-written record of their efforts to allow the landlord access to their property to make the desired repairs.
Many leases give the landlord certain entry rights. For example, under Massachusetts General Laws, ch.186, §15B, a rental agreement may only provide for the following rights to access:
to inspect the premises;
to make repairs;
to show the premises to a prospective tenant, purchaser, mortgagee, or its agent.
The right of the landlord to enter if the tenant appears to have abandoned the premises sometimes causes a problem when tenants are moving out. The tenant may have moved out most of their furniture and intend to return to pick up the last few things and clean up the apartment before turning in the keys. Landlords believing the tenant has vacated the premises may come in ahead of the tenant, remove the remaining property, and attempt to charge the tenant for the "mess" they left. To avoid this situation, tenants are encouraged to be clear with landlords about plans to vacate and to do so in writing. In one documented case [23] a tenant came back from his vacation and found someone else living in his apartment, with his furniture stored in the cellar. He wasn't behind on his rent, but he had been away for a while, and the landlord concluded that he had abandoned the apartment.[citation needed] To preclude any perception of abandonment, a tenant who is going out of town may benefit from informing his or her landlord of the trip, preferably in writing. If the tenant is away for an extended time, does not pay the rent, and does not respond to inquiries from the landlord, a court may find the landlord justified in concluding that the tenant has abandoned the property.
Retaliation
Retaliation has been a problem and some governments have introduced specific legislation to tackle this. In England & Wales Retaliatory eviction legislation has been introduced under the Deregulation Act 2015 under section 33.[24][25]
A landlord cannot try to evict a tenant, raise the rent, or change the terms of the tenancy because the tenant has complained in writing to the landlord, or to any government agency, regarding conditions. The landlord also cannot retaliate in this fashion because a tenant has organized or joined a tenant union, or engaged in certain other protected activities. Within six months after a tenant has engaged in any of these protected activities, any act by the landlord of raising the rent, attempting eviction (except for non-payment), or making any change in any of the terms of tenancy is presumed to be retaliation. This means that in any court proceeding, the burden will be on the landlord to prove that he or she is not retaliating against the tenant. In order to defeat a retaliation claim, a landlord must convince the court that he or she took the action for reasons independent of the tenant's protected action and that he or she would have done the same thing at the same time even if the tenant hadn't engaged in the protected activity. If the landlord waits until six months after protected actions, retaliation may still be found, but the burden of proof is on the tenant.
If a landlord is found to be retaliating, he or she will not be able to evict the tenant, who may also be awarded damages from the landlord of one to three months' rent plus attorney's fees. The landlord also cannot willfully deprive the tenant of heat, hot water, gas, electricity, lights, water, or refrigeration service. Nor can the landlord lock out the tenant or remove him/her from their apartment without going through the proper court procedure. The tenant can ask the court to issue a restraining order, file a criminal complaint against the landlord, or sue him/her for money damages and attorney's fees. Because of these options for recourse, it may be to the tenant's advantage to complain about code violations in writing before the landlord issues a notice of eviction or a rent increase. If a tenant in England & Wales attempts to claim retaliation but did not complain about the breach until after receiving notice from the landlord, the tenant will be found to have no valid claim under the Retaliatory eviction legislation [26]
Consumer protection law
Consumer protection laws provide protection against landlord harassment in some states. One such statute is Chapter 93A of the Massachusetts General Laws, commonly called the "Consumer Protection Law". Like the Federal Trade Commission Act on which it is based, and similar "baby FTC" laws in other states, it prohibits the use of any unfair and deceptive acts and practices in the conduct of any trade or business. Housing rental is generally considered to be a trade or business, and the Massachusetts Attorney General has issued regulations which define unfair and deceptive acts or practices in the rental housing field. Practices defined as unfair include failure by the landlord to disclose, to a tenant or prospective tenant, any fact of the disclosure of which may have influenced the latter not to enter into the transaction. Also defined as an unfair practice is any violation of any law meant to protect consumers and any act which is oppressive or otherwise unconscionable in any respect. While the Consumer Protection Law provides some protections for tenants, if a landlord is the owner-occupant of a two-family or three-family house and owns no other rental property, he or she is not considered to be engaged in a trade or business, and is not subject to this law.[27]
The 2016 New York commercial ordinance prevents a landlord from taking actions that will cause a commercial tenant to vacate their property or to surrender any rights.[17]
A landlord is the owner of a house, apartment, condominium, land, or real estate which is rented or leased to an individual or business, who is called a tenant. When a juristic person is in this position, the term landlord is used. Other terms include lessor, housing provider, and owner. The term landlady may be used for the female owners. The manager of a pub in the United Kingdom, strictly speaking a licensed victualler, is referred to as the landlord/landlady. In political economy it refers to the owner of natural resources alone from which an economic rent, a form of passive income, is the income received.
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee.
A lease is a contractual arrangement calling for the user to pay the owner for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial or business equipment are also leased. Basically a lease agreement is a contract between two parties: the lessor and the lessee. The lessor is the legal owner of the asset, while the lessee obtains the right to use the asset in return for regular rental payments. The lessee also agrees to abide by various conditions regarding their use of the property or equipment. For example, a person leasing a car may agree to the condition that the car will only be used for personal use.
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant has rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property.
Property management is the operation, control, maintenance, and oversight of real estate and physical property. This can include residential, commercial, and land real estate. Management indicates the need for real estate to be cared for and monitored, with accountability for and attention to its useful life and condition. This is much akin to the role of management in any business.
A rental agreement is a contract of rental, usually written, between the owner of a property and a renter who desires to have temporary possession of the property; it is distinguished from a lease, which is more typically for a fixed term. As a minimum, the agreement identifies the parties, the property, the term of the rental, and the amount of rent for the term. The owner of the property may be referred to as the lessor and the renter as the lessee.
Rent control in Ontario refers to a system of rent regulation in Ontario, Canada which limits the amount by which the rent paid by tenants for rental accommodation can increase. It applies to any unit that was first occupied for residential purposes before November 15, 2018.
An assured tenancy is a legal category of residential tenancy to an individual in English land law. Statute affords a tenant under an assured tenancy a degree of security of tenure. A tenant under an assured tenancy may not be evicted without a reasonable ground in the Housing Act 1988 and, where periodic changes in rent are potentially subject to a challenge before a rent assessment committee.
Rent regulation in New York is a means of limiting the amount of rent charged on dwellings. Rent control and rent stabilization are two programs used in parts of New York state. In addition to controlling rent, the system also prescribes rights and obligations for tenants and landlords.
The Landlord and Tenant Act 1985 is a UK Act of Parliament on English land law. It sets minimum standards in tenants' rights against their landlords.
Landlord–tenant law is the field of law that deals with the rights and duties of landlords and tenants.
The Ellis Act is a 1985 California state law that allows landlords to evict residential tenants to "go out of the rental business" in spite of desires by local governments to compel them to continue providing rental housing.
The history of rent control in England and Wales is a part of English land law concerning the development of rent regulation in England and Wales. Controlling the prices that landlords could make their tenants pay formed the main element of rent regulation, and was in place from 1915 until its abolition by the Housing Act 1988.
A section 21 notice in England and Wales also known as a section 21 notice of possession or a section 21 eviction, is the notice under the Housing Act 1988 section 21, which a landlord must give to their tenant to begin the process to take possession of a property let on an assured shorthold tenancy without providing a reason for wishing to take possession. The expiry of a section 21 notice does not bring a tenancy to its end. The tenancy would only be ended by a landlord obtaining an order for possession from a court, and then having that order executed by a County Court bailiff or High Court enforcement officer. Such an order for possession may not be made to take effect earlier than six months from the beginning of the first tenancy unless the tenancy is a demoted assured shorthold tenancy. If the court is satisfied that a landlord is entitled to possession, it must make an order for possession, for a date no later than 14 days after the making of the order unless exceptional hardship would be caused to the tenant in which case possession may be postponed to a date no later than six weeks after the making of the order. The court has no power to grant any adjournment or stay of execution from enforcement unless the tenant has a disability discrimination, public law or human rights defence, or the case is pending an appeal.
Rent control in Scotland is based upon the statutory codes relating to private sector residential tenancies. Although not strictly within the private sector, tenancies granted by housing associations, etc., are dealt with as far as is appropriate in this context. Controlling prices, along with security of tenure and oversight by an independent regulator or the courts, is a part of rent regulation.
Rent regulation in Canada is a set of laws and policies which control the amount by which rental prices for real property can increase year to year. Each province and territory can pass legislation, where the purpose is to limit rent prices increasing beyond what is affordable for most home dwellers.
Rent regulation is a system of laws, administered by a court or a public authority, which aims to ensure the affordability of housing and tenancies on the rental market for dwellings. Generally, a system of rent regulation involves:
Rent regulation in England and Wales is the part of English land law that creates rights and obligations for tenants and landlords. The main areas of regulation concern,
The Costa–Hawkins Rental Housing Act ("Costa–Hawkins") is a California state law, enacted in 1995, which places limits on municipal rent control ordinances. Costa–Hawkins preempts the field in two major ways. First, it prohibits cities from establishing rent control over certain kinds of residential units, e.g., single-family dwellings and condominiums, and newly constructed apartment units; these are deemed exempt. Second, it prohibits "vacancy control", also called "strict" rent control. The legislation was sponsored by Democratic Senator Jim Costa and Republican Assemblymember Phil Hawkins.
The Housing Act 1988 is an Act of Parliament in the United Kingdom. It governs the law between landlords and tenants. The Act introduced the concepts of assured tenancy and assured shorthold tenancy. It also facilitated the transfer of council housing to not-for-profit housing associations, which was then carried out partly through the system of Large Scale Voluntary Transfer.
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