Presumption of Retalaition

[Dana R.]

Tenant always pays on time, but when the lease ends I want him out ASAP. 

But, what can you do to get rid of the tenant if he claims retalaition? Under the presumption of retalaition, the courts will presume that the landlord is illegally evicting a tenant if the landlord evicts, doesn't renew lease, or raises rent 6 months after a tenant exercises his rights.

There was an incidence that would be in the 6 month timeline before the lease ends where something broke and the tenant didn't contact me through the proper channels as laid out under the lease and then hired somebody to fix it the next day before I had a chance to fix it. Most reasonable people would see it was a annoyance, but not necessarily a habitability issue. 

How seriously would the courts examine the tenant's claim? How legitimate does the tenant's complaint need to be to get protection from retalaition?

In this case, would the courts say that because the tenant didn't give me enough, really any, time to fix it, the tenant can't claim the right to deduct and therefore can't claim retaliation?

Or, would the courts say its just enough that the tenant made the claim in the first case, regardless of how legitimate their claim is because the tenant doesn't know any better; ie in good faith?

Has anybody ever here ever had to deal with a tenant who tried to use a tactic like retalaition?

[Account Closed]

If it is in writing  in the lease as you stated above, then clearly the tenant is at fault, UNLESS it was an EMERGENCY, that had to be taken care of ASAP, and the tenant tried to get in touch with you, but you never responded or took care of it immediately.  Other than that, the tenant hasn't a leg to stand on. 

Plus they have to provide you with a genuine receipt of the repair and it must be on an actual company invoice that did the job.  They just can't say, this is what it cost and I paid them.  They could have done the repair or their friends.

I've had this happen to me several times.  They tried to produce a receipt from a Receipt book from the store.  It had no company name on it, or logo's, so it didn't hold up in court. 

My lease states that all emergencies will be taken care of Immediately, or within 24 hours depending on the type of emergency.  All other repairs are taken care of in the order they are received in my office.   I always tried to take care of even the smallest repairs as soon as possible.  They pay their rent, they should have their repairs taken care as soon as possible.  They appreciated that and they stayed for many years.

Nancy Neville