Facing a lawsuit from a tenant is one of the most stressful situations you can encounter as a landlord, especially when the claim involves emotional distress. These claims often come from disputes over maintenance, harassment, privacy violations, or unsafe living conditions.
Knowing how to respond effectively can help protect your reputation, your rental property, and your financial future. In this blog, we’ll explore what you should do if a tenant files a lawsuit for emotional distress.
1. Stay Calm and Review the Complaint
The first thing to do is to remain calm and avoid making any violent reactions. Once you receive the complaint, read it carefully and note what the tenant is alleging.
Emotional distress claims can be either intentional, for example, harassment or threats, or negligent, such as failing to address a mold issue that affected their mental well-being. Identifying the type of claim will help you and your legal team develop an appropriate response.
2. Gather Documentation
Documentation is your best defense. Collect any relevant communication with the tenant, maintenance records, inspection reports, lease agreements, and photos or videos of the unit. Having proof that you responded to maintenance requests immediately can make a significant difference if the tenant is claiming negligence.
Make sure to include:
Dates and details of any complaints or maintenance requests
Email or text communication
Lease terms and clauses
Notes on property condition and safety inspections
3. Consult a Landlord-Tenant Attorney
Emotional distress lawsuits can be complex, and the outcome may depend on how well you comply with local landlord-tenant laws. A legal expert can evaluate the complaint, help you file a formal response, and advise you on how to move forward. You can also check your insurance coverage as it may cover legal fees or settlements.
4. Review Your Property Management Practices
It's a good opportunity to assess your approach, even if the lawsuit is baseless. Are maintenance requests handled efficiently? Do you or your staff treat tenants with professionalism and respect?
Preventing future issues starts with creating and maintaining a safe and welcoming environment for all renters. Regular inspections, clear communication, and timely maintenance are vital.
5. Communicate Strategically
Avoid contacting the tenant directly about the lawsuit. All communication should go through your attorney to prevent any mistakes. However, continue fulfilling your responsibilities as a landlord, including repairs and notices, to stay compliant and avoid additional claims.
Let Bickerstaff Parham Help You Navigate Tenant Legal Disputes
Managing rental property is challenging enough without handling legal claims on your own. Our experienced team at Bickerstaff Parham is here to support you if you're facing a tenant lawsuit or want to improve your legal compliance and property management processes. We’ll help you protect your investment, maintain legal compliance, and ensure your tenants are treated fairly and professionally.
Contact us today and see how we can help protect your rental property.
