Legal Implications of Landlord Tactics: Tearing Down Fences as Harassment

In recent times, many landlords have resorted to unlawful tactics to evict tenants who have stopped paying rent during a moratorium period, often under the guise of minor repairs or replacements. One such tactic involves slowly tearing down fences or structures that provide protection or privacy around the house. This article explores the legality of such actions, especially when they are used as a form of harassment or retaliation.

Understanding Harassment in Landlord-Tenant Relationships

Landlords are required to maintain the property and its structures in good standing. However, when a tenant has stopped paying rent, some landlords may take matters into their own hands by tearing down fences or other structures without proper notice or justification. This action is illegal and can be classified as harassment or retaliation, depending on the circumstances.

What Constitutes Harassment or Retaliation?

Harassment can occur when a landlord takes actions that create a hostile or abusive environment for the tenant. Retaliation is when a landlord takes adverse actions against a tenant in response to a legal or statutorily protected activity, such as speaking with a government agency about code violations or requesting repairs.

Factors to Consider

The legality of a landlord's actions depends on a few factors:

No replacement or repair of the fence No explanation for the removal of the fence Existence of a complaint or tenant action prior to the removal Timing of the fence removal relative to tenant actions

For instance, if the fence is not being replaced or repaired, the landlord will face significant challenges in justifying why the fence was removed during the tenant's tenancy. Additionally, if a tenant has previously complained about code violations or requested repairs, and the fence removal follows closely, it is likely to be considered retaliation.

Documenting the Incident

It is crucial for tenants to document all interactions and evidence of the ongoing situation:

Take photos and videos of the fence in various states of disrepair Capture construction noise around the property Keep copies of notices from the landlord Maintain a detailed log of conversations with the landlord and his visits to the property

This documentation will be invaluable if the tenant decides to take legal action. A stack of 40 notices and multiple days' worth of photos can serve as strong evidence of harassment or retaliation.

Seeking Legal Advice

Tenants facing such situations should consult with or hire an attorney who specializes in landlord-tenant law. Legal professionals can help navigate the complexities of showing harassment or retaliation. Evidence, such as a significant number of notices and detailed documentation, can strengthen a tenant's case.

Consequences of Harassment and Retaliation

Penalties vary by jurisdiction, but typically, if harassment or retaliation is found, a judge may order the landlord to:

Install a new fence in a timely manner Cease the harassing and/or retaliatory behavior Provide an order of protection Assess significant monetary penalties

Furthermore, landlords cannot evict tenants during the court proceedings, though tenants must be caught up on rent by the time the hearing is over if the moratorium is not extended. If the moratorium is extended, tenants may still owe all missed rent. Even if an eviction occurs, it is challenging for a landlord to prove that it is not also retaliatory, facing additional penalties.

Many landlords will opt to wait until the lease expires and not renew it, rather than face further legal challenges.

Further Resources

For more information and support, tenants can:

Consult a legal aid organization Seek guidance from tenant unions Review state-specific laws on landlord-tenant relations

Understanding your rights and responsibilities as a tenant is crucial to maintaining a secure living environment and ensuring fair treatment from your landlord.