5 Things a Landlord Cannot Do

Owning rental properties in Portland, Oregon, is an excellent way to generate passive income. However, being a landlord also comes with various responsibilities, including things a landlord should not do.

If you’re a landlord in Portland, Oregon, here are five things you should avoid during your relationship with your tenants.

Enter the Property Without Proper Notice

Respecting your tenant’s privacy is not just a courtesy; it’s a legal requirement. It’s a fundamental part of your role as a landlord. While you own the property, your tenant has a right to privacy once they’ve signed a lease. This means you must give proper notice before entering the unit outside of emergencies (like fire or severe flooding).

Entering the property without proper notice can violate the tenant’s rights and lead to legal consequences, including potential lawsuits or complaints to housing authorities. However, following the appropriate procedures can easily avoid this risk.

Entering the property without proper notice seriously violates the tenant’s rights and can lead to severe legal consequences, including potential lawsuits or complaints to housing authorities.

Evict a Tenant Without Following Legal Procedures

Eviction is a complex and potentially costly aspect of landlord-tenant relationships. Landlords must understand that they cannot simply evict a tenant at will; they must follow specific legal procedures. Each state has established eviction laws to protect both landlords and tenants. Failing to adhere to these laws can result in costly delays or lawsuits. Therefore, understanding and following these procedures is essential for a smooth legal eviction process.

Before a landlord can evict a tenant, they must provide a written notice specifying the reason for eviction. Common reasons include:

• Non-payment of rent.
• Violation of the lease terms.
• Causing significant damage to the property.

Depending on the type of eviction, the notice may range from 3 days to 30 days or more.

Evicting a tenant without following the legal process can have serious consequences.

However, evicting a tenant without following these steps can lead to the case being thrown out of court. Sometimes, tenants may sue for damages, including illegal eviction claims.

Discriminate Against Potential Tenants

Federal and state laws prohibit landlords from discriminating against tenants based on protected classes. The Fair Housing Act, enforced by the Department of Housing and Urban Development (HUD), makes it illegal for landlords to discriminate against individuals based on race, color, national origin, religion, sex, disability, and familial status. Some states and cities also offer additional protections, such as gender identity or sexual orientation.

Landlords cannot refuse to rent to someone based on these characteristics. They also cannot impose different rental conditions, like increasing the deposit or setting higher rent, for a particular group of people. In addition, landlords must ensure that disabled tenants have equal access to the property. This may include making reasonable accommodations, such as allowing a service animal in a “no pets” building or installing grab bars in the bathroom.

Violating fair housing laws can lead to severe consequences, including hefty fines and legal action.

Retaliate Against a Tenant for Complaining

Tenants have the right to complain about issues related to their rental property without fear of retaliation. If a tenant requests repairs, reports health and safety violations, or exercises their legal rights, such as calling a building inspector, the landlord cannot retaliate. Retaliation could include raising the rent, reducing services, or attempting to evict the tenant as a punishment for their complaint.

Many states have specific laws that protect tenants from retaliation. In some jurisdictions, if a landlord tries to evict a tenant shortly after they file a complaint, the eviction is presumed to be retaliatory unless the landlord can prove otherwise. Courts often view such behavior unfavorably, even in states without explicit anti-retaliation laws.

Landlords should always address tenant complaints professionally and in a timely manner. This not only helps to maintain a positive relationship with the tenant but also demonstrates a commitment to providing a safe and habitable living environment.

Refuse to Make Necessary Repairs or Ensure Habitability

Landlords have a legal obligation to provide tenants with a habitable living environment. This includes maintaining the property to meet essential health and safety standards. While specific requirements vary by location, landlords must ensure that rental units have working plumbing, heating, and electrical systems and are free from significant hazards like mold or pest infestations.

Suppose a tenant submits a repair request for a necessary issue that affects habitability (like a broken heater in the winter). In that case, the landlord must address it in a reasonable timeframe. In most jurisdictions, failing to make necessary repairs allows the tenant to take specific actions, such as withholding property rent, paying for repairs themselves and deducting the cost from the rent, or even terminating the lease early.

Understanding what you cannot do as a landlord is just as important as knowing your rights. The fundamental obligations are respect for tenants’ privacy, following the proper eviction process, avoiding discrimination, addressing complaints, and ensuring that your property is habitable. By adhering to these guidelines and maintaining open communication with tenants, landlords can foster a positive rental experience while avoiding legal pitfalls.

By being aware of these five critical limitations, landlords can build better relationships with their tenants, avoid costly legal mistakes, and operate a successful rental business in compliance with the law.

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