Landlord Tenant Law

Legal Implications of Landlord Harassment

Key Takeaways

  • Landlord harassment is a pattern of harassing acts committed by the landlord, property owner, or property manager.
  • Harassment that interferes with your ability to enjoy the use of your property could be a breach of the implied warranty of quiet enjoyment.
  • If your landlord is doing something illegal, you can report them to local law enforcement or to your housing authority.

The landlord-tenant relationship is unique. You may see the landlord regularly and try to stay on good terms. However, it is really just a business relationship with someone who manages where you live. If your landlord harasses you regularly, it can make living in your rental intolerable.

Simply avoiding a harassing landlord can be tricky. They know where you live and can observe your habits. They can even have a justified reason for getting into your apartment to make repairs and show the place to future renters.

If you have a harassing landlord, talk to a tenant’s rights lawyer about your legal protections. Your lawyer can help you stop the harassment or get out of your lease. For more information about your legal rights, talk to a local landlord-tenant attorney for legal advice.

What Is Landlord Harassment?

Landlord harassment is a pattern of harassing acts committed by the landlord, property owner, or property manager. Harassing activity can involve doing things intended to offend, annoy, or make someone fear for their safety.

Harassment involving threats of violence or stalking can also be a crime. Victims of harassment can also file a civil complaint for assault, making threats of violence, or a course of conduct that has no legitimate purpose but to annoy or harass someone.

However, landlord harassment does not have to involve a crime or civil offense. Harassment that interferes with the tenant’s peace can be a breach of the covenant of quiet enjoyment.

Tenant harassment can happen when there is a power imbalance between the tenant and the landlord. As the tenant, you may want to stay because you have rent control, to avoid a rent increase, or simply because you don’t want to move. The landlord can evict you with proper notice or claim you violated the lease because they want you out.

What Are Examples of Landlord Harassment?

Depending on the situation, forms of harassment could include:

  • Verbal abuse of the tenant
  • Sexual harassment
  • Making lewd or obscene comments
  • Repeatedly following someone
  • Threatening their safety or the safety of a family member
  • Failing to make necessary repairs in the tenant’s unit
  • Continually making excuses to come into the rental unit
  • Illegal entry without notice

Harassment often involves a repeated course of conduct. However, in some cases, it can also involve extreme isolated events. For example, if the landlord asks you on a date once, it may not rise to the level of harassment. However, it may be harassment to repeatedly ask you out every day after you tell them to stop.

What Are the Signs That You Are Being Harassed by Your Landlord?

Harassment can be difficult to identify because it often gets worse over time. It can begin as something minor but then get more extreme over the weeks or months you are a tenant. Many victims of harassment downplay the harassment by claiming it isn’t severe or they plan to move out soon anyway.

However, you may want to take action if you are suffering emotional distress or fear landlord retaliation. Possible signs of landlord harassment include:

  • Shutting off utility services
  • Regular notices to enter your unit
  • Refusing to do repairs in a reasonable time
  • Raising rent for you but not others
  • Claiming your rent was never received
  • Reporting you for violations that are not in the lease agreement
  • Stealing or destroying your personal property

What Can I Do if I Am Being Harassed by My Landlord?

If your landlord is doing something illegal, you can report them to local law enforcement or your housing authority. Landlords and property owners are responsible for keeping rental units in a habitable condition. This includes proper maintenance and making necessary repairs. Without fixing specific problems, the landlord could be violating local housing ordinances.

If your landlord is interfering with your right to use your property, they may be violating the lease. You may break the lease without penalties. You may also take legal action if your landlord violated the lease agreement to recover damages. Before taking action against your landlord, talk to an attorney about your rights under landlord-tenant laws.

What Are the Defenses to Landlord Harassment?

If you file a lawsuit against your landlord, they may have their own version of the story. This is why gathering evidence and keeping records of what happened is essential. The landlord may claim they had a valid reason to start the eviction process or terminate the lease. Some defenses the landlord may claim include:

  • You violated the terms of the lease by having a pet, subletting, or using drugs on the property
  • You failed to send in rent payments on time
  • There is no evidence of any harassment
  • You damaged fixtures in the rental property and failed to pay for repairs

How Can a Landlord-Tenant Attorney Help Stop Harassment?

An experienced tenancy rights attorney can help you stop harassment and get compensation. Sometimes, a simple letter from an attorney is enough to end the harassment. Your attorney can also help you document any harassment. This includes documenting when you pay rent and keeping a copy of an eviction notice that doesn’t follow legal eviction procedures. In a civil lawsuit, your attorney can help you recover damages, get compensation to pay for a new apartment search, and even cover attorney’s fees. To learn more about your legal options in dealing with landlord harassment, speak with a local landlord-tenant lawyer.

Was this helpful?

At LawInfo, we know legal issues can be stressful and confusing. We are committed to providing you with reliable legal information in a way that is easy to understand. Our pages are written by legal writers and reviewed by legal experts. We strive to present information in a neutral and unbiased way, so that you can make informed decisions based on your legal circumstances.