When Is It Time To Let a Complaining Tenant Go?

complaining tenant

Managing rental properties can be rewarding, especially when you build positive relationships with tenants and maintain your properties well. However, even the most dedicated landlords may encounter a tenant who is never satisfied, regardless of your efforts or generosity.

When tenant complaints persist despite your best attempts to resolve them, it may be necessary to evaluate your options as a landlord and decide if it’s time to start looking for a new tenant. Understanding how to handle these situations calmly and professionally helps protect your rental property and ensures a more effective property management experience.

Key Takeaways

  • Learn how to assess the validity of tenant complaints.
  • Know your options for managing persistent complainers in rental properties.
  • Recognize steps to avoid legal issues when handling difficult tenants.

How To Gauge a Tenant Complaint

complaining tenant

Severity of the complaints

Evaluate the seriousness of each complaint by categorizing them as either minor (e.g., dripping faucets, lightbulb changes) or severe (e.g., property damage, safety concerns). Create a simple table to help classify:

Complaint TypeExampleResponse Needed
MinorLoose door handleQuick fix
MajorRepeated water leaksUrgent investigation
Health/SafetyMold or fire hazardsImmediate action

For severe issues, you may need to involve your management company, a housing authority, or even consider arbitration or mediation services if negotiation fails. Always ensure that complaints relating to the lease agreement or local laws are handled promptly to remain compliant.

Frequency of the complaints

Track how often complaints are made. Occasional concerns may be part of maintaining a property, while constant complaints could indicate underlying issues in the lease agreement or the tenant-landlord relationship. If mediation or compromise is frequently needed, explore if a better common ground can be achieved through problem-solving strategies.

You may use lists or spreadsheets to visualize patterns:

  • Monthly complaint log
  • Repeated versus isolated incidents

Consistent and open communication helps, but if frequent noise complaints or similar issues persist, consulting with mediation or tenant union representatives may be necessary.

Impact on your other tenants

Assess the effect one tenant’s complaints may have on others. Noise complaints, disruptive behavior, or demands for changes that affect common spaces can lower satisfaction among your residents. This can directly influence tenant retention and make new tenant acquisition more challenging.

When multiple tenants are affected, consider involving a local housing authority or professional management company for mediation or structured arbitration. Balance fairness with the stability of your rental community, and use the lease agreement as a reference point for negotiation, rent increase discussions, or possible compromise to achieve a positive outcome for all parties.

How To Get Rid of Complaining Tenants

You should start by addressing tenant concerns directly. Open communication can sometimes resolve misunderstandings or minor issues before they escalate into significant landlord-tenant disputes. During your discussion, listen to the specific grievances, document them, and determine if practical solutions exist.

If complaints continue after you’ve attempted resolution, prepare and send a formal warning letter. This letter should clearly highlight problematic behavior or lease violations. Include details about which sections of the lease are being breached. State expectations for improvement and note that failure to comply could result in further action.

Steps to take if issues remain unresolved:

  • Maintain written records of all communications and complaints.
  • Review your lease agreement to ensure there is a valid basis for action.
  • If noncompliance persists, begin the eviction process in accordance with local laws.
  • Notify the tenant formally and adhere to statutory notice periods.

When engaging in eviction, it’s essential to follow your jurisdiction’s legal procedure precisely to avoid complications. Courts may dismiss eviction for procedural errors. If situations escalate or you need guidance, you can also file a complaint with local housing authorities or seek legal advice.

StepAction
ConversationTry to resolve the problem directly
Warning LetterNotify tenant of specific issues
Legal Action/EvictionFollow lawful procedures to end the tenancy

Remember, chronic tenant complaints can sometimes indicate a mismatch between tenant expectations and your property, making a professional approach critical. In case informal approaches are unsuccessful, practicing non-engagement and initiating eviction may be the final course of action.

3 Ways To Avoid Getting Sued When Dismissing a Tenant’s Complaints

1. Put it in writing

Always respond to tenant complaints in writing. Written communication creates a clear record for both parties and helps demonstrate that you followed proper procedures. This is crucial if the dispute ends up in small claims court or becomes a claim of landlord retaliation under landlord-tenant law.

A written response also supports your position and protects your legal rights as a landlord. When disputes escalate, having documentation and correspondence can be the difference between a swift resolution and a drawn-out legal battle regarding tenants’ rights.

2. Be specific

Detail matters. Your written response should specify key information, including relevant dates, the precise nature of the complaint, and the steps you have already taken. List each item clearly, addressing both what was reported and what was done.

Providing specifics helps defend against claims of housing discrimination or allegations that you dismissed valid complaints for retaliatory reasons. This level of documentation is critical to disproving accusations and showing compliance with fair housing laws.

3. Give the tenant notice

Give the tenant advance notice that their complaint has been dismissed and explain your reasoning in detail. Notice should be written and dated. This step demonstrates transparency and proper notice protocols, which reduces risk if the tenant attempts to pursue claims of retaliatory rent increases or other retaliatory actions.

Advance notice also gives the tenant time to address the situation or seek alternatives, further protecting your interests under relevant state laws. Consistent and honest communication plays a significant role in reducing disputes and misunderstandings regarding tenant rights.

Conclusion

A landlord handing keys to a tenant in a bright apartment, both showing calm and respectful expressions.

Addressing tenant complaints requires careful evaluation. Consider the frequency, severity, and overall impact these complaints have not only on your property but also on your time and resources. When deciding whether to keep working with a tenant or seek a new one, weigh the pros and cons:

FactorConsiderations
SeverityAre complaints minor or disruptive?
FrequencyIs complainer regularly unsatisfied?
ImpactDo the issues affect property value, neighbor relations, or your workload?

Minor issues can often be resolved with open dialogue or small repairs, while persistent problems may signal it’s time for change. Review what’s at stake for your business and make informed choices to protect your interests.

Frequently Asked Questions

How can a landlord address constant complaints from a tenant?

You should begin by maintaining clear and professional communication with the tenant. Listen to their concerns and document each complaint and your response. If the complaints are legitimate, address them promptly as this demonstrates your commitment to property maintenance and tenant satisfaction.

If complaints are excessive or unfounded, set clear boundaries regarding reasonable expectations. Sometimes, initiating open and honest conversations can help improve the landlord-tenant relationship. For more on practical steps, see this guide on resolving rental disputes.


What are the acceptable grounds for evicting a tenant due to complaints?

Legally, you cannot evict a tenant solely for making complaints, especially if those complaints are regarding property maintenance or safety—these are protected activities. However, if a tenant’s conduct violates lease terms or if their complaints are unfounded and paired with behaviors such as harassment or disturbance, you may have grounds to pursue eviction. It’s important to check your local laws and provide proper notice.

For more about eviction processes, review the North Carolina landlord/tenant issues page.


What is the proper way to respond to a tenant’s complaint letter?

Respond in writing, acknowledging the complaint and stating how you plan to address it or explaining why the request cannot be fulfilled. Keep your tone professional and concise.

Always keep a record of all correspondence for potential use if the dispute escalates. Prompt, written responses can help prevent misunderstandings and demonstrate that you are attentive to your obligations.


Are there legal risks in evicting a tenant for excessive complaints?

Yes, there are legal risks. Tenants are often protected by law from retaliation when they report maintenance or safety issues. Attempting to evict a tenant just for complaining may be considered retaliatory and could lead to legal consequences.

To minimize risk, ensure any eviction action is based on lease violations not related to the tenant exercising their rights.


Can a tenant be lawfully evicted for rude behavior?

Rude or disrespectful behavior alone is typically not grounds for eviction unless it violates specific lease provisions regarding conduct. If the behavior escalates to harassment, threats, or disrupts other residents, you may have a case for eviction based on disturbing the peace or violating community standards.

Consult your lease and local regulations before taking action.


What are some common types of tenant complaints and their resolutions?

Common complaints include:

  • Maintenance issues (leaking faucets, heating/cooling problems)
  • Noise complaints about neighbors
  • Concerns about privacy or landlord entry
  • Safety or security concerns
  • Rent increases or disputes over security deposits

Resolutions:

  • Promptly address maintenance requests.
  • Implement clear policies for noise and privacy.
  • Improve communication and provide advance notice before property entry.
  • Explain rent changes and deposit returns transparently.

Read more about common tenant complaints and solutions in this article on 8 common tenant complaints and how to resolve them.


Ready to maximize your rental property’s true potential?

Never miss a rent increase opportunity again! Get real-time alerts and market updates from RentCast.io and save 20% with promo code BIGDEAL.


Discover the secret to stress-free property management with How To Find & Keep Great Tenants. This essential guide reveals proven strategies for attracting high-quality renters and creating long-term, mutually beneficial relationships.

But finding great tenants is only half the battle. Uncover the art of tenant retention, from creating a positive living environment to addressing concerns promptly and professionally.

With this book, you’ll transform your rental property into a sought-after home that tenants won’t want to leave. Minimize vacancies, reduce turnover costs, and maximize your investment’s potential by mastering the skills to find and keep exceptional tenants.

Get your copy now from your favorite bookseller:

  • Amazon (non-Premium Edition, does not include Investment Real Estate Analysis: A Case Study, available in paperback only)
  • Books2Read for Apple, Barnes & Noble, Kobo, Scribed, and 8 more sellers with both eBook and paperback options available (Premium Edition)
  • Payhip as a downloadable PDF (Premium Edition)

Ready to take your business to the next level?

Don’t miss our tips!

We don’t spam! Read our privacy policy for more info.

🤞 Get more real estate info!

We don’t spam! Read more in our privacy policy

Share this post