How to document evidence of lease violations in multifamily buildings

Discover the most common lease violations and how to log them in our step-by-step guide.
By
Celeste Rivas
in
Residential Rentals
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November 13, 2024
4
min read
How to document evidence of lease violations in multifamily buildings

Have you ever had a tenant with a history of making excessive noise late at night––but had no procedure for documenting when exactly those episodes happened and what the outcomes were?

From expenses to inspection dates, meticulous record-keeping is one of the pillars of effective property management, and it is particularly important when tracking lease violations. Accurately documenting incidents and rule-breaking is key to resolving conflicts more quickly and smoothly and helps ensure a safer and more harmonious environment for all residents. While it may seem like a tedious process that bogs down your already busy day as a property manager, it is one of the things that can make your job easier in the long run.

In this guide, we’ll explore the most common types of lease violations and outline a practical, step-by-step process you can use to document them thoroughly and efficiently.

Common lease violations

Lease agreements are meant to cover all aspects of a tenancy, so violations can take many different forms. 

The most common ones include:

  • Repeated noise disturbances: Tenants who frequently disrupt quiet hours or create excessive noise can impact neighbors’ quality of life, often leading to formal complaints.
  • Smoking in a no-smoking property: Smoking can create health risks for other residents and is a fire hazard. It can also result in unpleasant odors that are challenging and expensive to remove.
  • Consistently late rent payments: Late payments can impact a property’s cash flow and cause financial issues if they become a pattern.
  • Keeping an unauthorized pet in a no-pet property: Unauthorized pets can increase wear to the property, cause damage, and disturb neighbors.
  • Failure to maintain the property in good shape: Tenants are expected to keep their units in reasonable condition. Neglect deteriorates the property and leads to increased maintenance costs. 
  • Exceeding occupancy limits: Breaching the occupancy limits established in the lease can strain building resources and impact other residents.
  • Subletting without permission: Unauthorized subletting may introduce security risks and go against building regulations.
  • Improper trash disposal: Careless waste disposal can be a health hazard for other residents, cause pest issues, and lead to fines.

How to prevent repeated rule-breaking

Proactive prevention is the best way to reduce repeated lease violations and deter one-time rule-breakers from committing more offenses. 

Some practical approaches to consider include: 

  • Setting clear expectations at the start of the tenancy: Ensure the lease agreement clearly states the consequences for each violation and draw attention to this section of the document when meeting with new tenants. 
  • Communicate policies regularly: Remind tenants of key rules, especially around shared areas and quiet hours.
  • Provide friendly reminders: Place visible signage in shared spaces and send reminders through email or property management platforms.
  • Encourage reporting of issues: Create an anonymous reporting system to allow tenants to voice concerns.
  • Install monitoring technology: Devices like Minut monitor noise, occupancy, and cigarette and marijuana smoke, sending real-time alerts when an issue is detected. This helps you act proactively and de-escalate any potentially dangerous or rule-breaking situation.

Step-by-step: How to record and document lease violations

Accurately logging lease violations protects the property and the wider community, and is essential for resolving disputes in case they escalate. 

You can follow these steps to document them:

1. Collect physical evidence

When a rule violation occurs, the first thing you need to do is capture evidence for your records. Take pictures or videos clearly showing the infraction and/or its consequences. For example, if a tenant has unauthorized pets, take photos of the animal or any damages it may have caused. 

Proof for violations such as excessive noise can be harder to capture. If Minut is installed in the property where the infraction occurred, you can review Minut’s log of events to check exactly when the violation happened. This removes the need for manual intervention, making gathering proof of a breach easier.

2. Create a violations log

Maintain a dedicated log, either digital or physical, for each violation. For each entry, include the date, time, type of violation, and any supporting evidence. If Minut detects any noise issues in the property, export this data to keep with your records.

3. Issue a violation notice

Prepare a written notice to inform the tenant of the specific lease clause they’ve breached. Having a template ready can help speed up the process.

Be sure to include:

  • The rental unit’s address
  • Tenant name(s)
  • The date of the notice
  • Details of the lease violation (with dates and times)
  • A reference to the lease section violated
  • A deadline to correct the issue
  • Potential consequences if the behavior continues

Clear communication at this stage helps tenants understand the gravity of the situation and the expectations for resolution. It can also deter them from repeating the offense.

4. Record tenant responses

Document all communications from the tenant related to the violation. Any admissions, promises to correct behavior, or objections should be noted. This record will serve as valuable evidence if the matter escalates, especially in cases where there is an admission of fault. Written communications are the best way to keep tenant comments as a record, so use channels such as email, instant messaging, or tenant platforms where possible.

5. Conduct follow-up inspections

After issuing the notice, perform follow-up inspections to check if the tenant has resolved the issue that caused the violation. Note the inspection results in your violation log. If Minut is installed in the property, the device will send out automated real-time alerts in case new issues are detected since the notice, so no in-person or manual checks are necessary.

6. Automate processes where possible

Using tech solutions to automate parts of the documentation process will help you reduce manual work, improve consistency and accuracy, and free up time to focus on other priority matters.

If you are dealing with smoking, noise, and occupancy violations, Minut can help you automate data collection and remove the need to check for repeat offenses or improvements manually. For violations such as consistently late payments, using property management software, such as Entrata, AppFolio, or Yardi Breeze, can help streamline the entire process of tracking payments and issuing warnings or notices.

Ensuring effective lease violation documentation and resolution

While ideally, all tenants would comply with property rules and lease agreements, violations are a reality of any property manager’s job. Thoroughly tracking and documenting lease violations will help you look after the properties you manage, ensure a safe space for the wider community, and resolve issues more efficiently. 

Leveraging solutions like Minut to automate tasks such as evidence collection and logging will help you reduce manual interventions and free up your schedule. This will allow you to focus on what matters and be more efficient in your day-to-day. 

See Minut in action and learn how it can make your job easier. Book a demo with our team today.