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Handling Tenant Problems and Legal Notices

SOP for handling non-payment, lease violations, legal notices, and habitability complaints β€” including documentation requirements and escalation rules.

Updated over 3 weeks ago

Handling Tenant Problems and Legal Notices

When a tenant situation escalates beyond routine maintenance or rent issues, staff must follow a consistent process that protects PPM, the owner, and the tenant's legal rights. This SOP covers the most common escalation scenarios.

Systems involved: Buildium, JustCall, Slack, LeadSimple [transitional]


Types of Tenant Problems

  • Non-payment of rent β€” rent not received by the 5th

  • Lease violations β€” unauthorized occupants, pets, subletting, property damage, noise complaints

  • Legal notices received β€” court summons, housing code violations, health department notices

  • Tenant complaints about habitability β€” tenant claims unit is uninhabitable

  • Tenant-on-tenant disputes β€” conflicts between residents in multi-family units


Non-Payment of Rent

  1. After the 5th, pull the delinquency report in Buildium: Accounting β†’ Reports β†’ Delinquency Report

  2. For each delinquent tenant, attempt contact via JustCall (call and SMS)

  3. Log all contact attempts in Buildium under Residents β†’ [Name] β†’ Notes

  4. If no response or payment by the 10th, escalate to Dan for decision on notice issuance

  5. Notices (Pay or Quit, etc.) must be prepared by or reviewed by an attorney before service. Do not issue legal notices without authorization.

[Automation target: Admin Agent β€” Delinquency Monitor runs daily at 8AM, posts delinquency summary to #chat-ai-admin and escalates persistent cases to #exec-decisions]


Lease Violations

  1. Document the violation with specifics: date observed, nature of violation, evidence (photos if applicable)

  2. Log the violation in Buildium: Residents β†’ [Name] β†’ Notes

  3. Send a written notice to the tenant via email (JustCall or email) and post a copy to their Buildium record

  4. For first offense: issue a Cure or Quit notice (attorney review required)

  5. For repeat violations: escalate to Dan for eviction decision

Attorney review is required before any formal legal notice is issued. Never send a Cure or Quit, Pay or Quit, or Unconditional Quit notice without legal review.


If PPM or a property owner receives a legal notice (housing court summons, code enforcement violation, health department notice):

  1. Photograph and log the notice immediately

  2. Email a copy to Dan at [email protected] same day

  3. Note the response deadline β€” NJ housing court notices are time-sensitive

  4. Do not respond to the issuing agency or court without Dan's direction

  5. Dan will engage legal counsel as needed


Habitability Complaints

If a tenant claims their unit is uninhabitable (no heat, mold, pest infestation, structural issue):

  1. Treat as high priority regardless of whether the claim seems valid

  2. Dispatch an inspection within 24 hours β€” log in Buildium as an Emergency or Urgent work order

  3. Document findings with photos and notes in the work order

  4. Notify the owner

  5. If the condition is legitimate, initiate repairs immediately

  6. If a tenant withholds rent citing habitability, escalate to Dan immediately β€” do not issue a late fee or notice without legal review


Documentation Standard

All tenant problems must be documented in Buildium under the resident's Notes before any action is taken. Good notes include: the date, what was observed or reported, who was contacted, what was communicated, and the outcome. This record is essential if the matter proceeds to court.


When to Escalate to Dan

  • Any situation involving a potential eviction

  • Receipt of any legal notice or court filing

  • A tenant threatening legal action or contacting a government agency

  • Any habitability dispute where the tenant is withholding rent

  • Fair housing complaint or allegation of discrimination

When in doubt, escalate. Do not attempt to resolve legal matters independently.

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