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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 35761
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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landlord question, have tenant that was verbally abusive on

Resolved Question:

landlord question, have tenant that was verbally abusive on the phone and she works for a group of lawyers for insurance purposes, is than anything legally that can be done to put her in her place.
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 5 months ago.

Dimitry K., Esq. :

Thank you for your post. Please permit me to assist you with your concerns.

Dimitry K., Esq. :

My apologies but I am a bit unclear--what exactly do you mean by 'put her in her place'? Punish her for being rude to you?

Customer:

no, that would be tit for tat, The phone call from her was awful, she was demoralizing and hateful and wanted to tell me and repeated herself several times. no can anything be leagalized in a lease stating tenant has to communicate with respect and decency when inquiring about rented property

Dimitry K., Esq. :

My apologies but the law cannot regulate rudeness, neither can a lease agreement. You cannot sue someone for being a jerk or being rude, and neither can you claim breach of contract.

Dimitry K., Esq. :

I can understand your frustration, and I can understand your anxiety, but other than minimizing contact, and potentially pursuing a restraining order if she begins to harass you, you cannot demand respect in written form.

Dimitry K., Esq. :

If she is rude to you, do not communicate other than formally (meaning in writing) so that there is a paper trail. But you cannot punish or demand respect if she is obnoxious or rude

Customer:

first of all , punishing and demanding respect is not what I am asking for , second i dont have to deal with her at all, except to make sure the lease is covered on my end. but can I not stae to communicate in a calm manner

Customer:

can I not state to communicate in a calm manner

Dimitry K., Esq. :

Then perhaps I misunderstood. You stated, unless I am mistaken, that you want something 'leagalized' (sp) in a lease that would compel her to communicate with respect.

Dimitry K., Esq. :

If that is what you seek, and it is not followed, there is some sort of punishment--some sort of recourse.

Dimitry K., Esq. :

The demand of 'respect' is unenforceable under US law, especially in a lease which ultimately deals with two parties who are contracting over a property and not over civility or manners.

Customer:

I think the fact its stated would show open respect on both parties, why does there have to be a recourse

Dimitry K., Esq. :

because as with anything, if something is contractually demanded but not followed, there is some kind of recourse. For example if she fails to pay rent, you have the recourse to take her to court for an eviction or a collection suit

Dimitry K., Esq. :

if you fail to maintain the premises, she has the recourse to compel you to make repairs via the courts who can issue fines or orders, or through reporting to agencies who may provide inspections of rental properties. In essence that is the punishment to a breach.

Dimitry K., Esq. :

But simply demanding respect, even in written form, it's impossible to enforce.

Dimitry K., Esq. :

If you have rude tenants and do not want to deal with them, perhaps using a management company as an intermediary may be wise. But you most definitely cannot demand politeness.

Customer:

I am not demanding anything , I feel stating a sentence in a lease pertaining to communicate in a calm manner, is a statement

Dimitry K., Esq. :

You can state it, but it is not legal enforceable. You cannot legislate or contractually demand calm communication from the other person.

Dimitry K., Esq. :

*legally

Customer:

but by stating it, you are showing respect. thank you for your imput

Dimitry K., Esq. :

but that is not legally actionable. It is legally as actionable as stating that you are expecting people inside to only eat vegetarian. I am not attempting to be disrespectful to you, I truly am not, I am just stating that putting something like that in the contract is completely and utterly impossible to be enforced. If it is a situation where it makes you feel good, fine, but you cannot hold the tenant up to honor such a term, and if you do, THEY can sue you over unefrceable conditions and sue you for up to 3X the monthly rent over creating unenforceable conditions.

Customer:

unbeliveable. so if I put on a lease ,both parties are to communicate in a calm manner. I could be sued

Dimitry K., Esq. :

correct

Dimitry K., Esq. :

highly unlikely

Dimitry K., Esq. :

and highly uncertain any judge would really punish you for it

Dimitry K., Esq. :

but no judge would enforce it.

Customer:

thankyou for the info. I will not go near this woman and not put anything in the lease and I am going to get some advice about my lease from a real estate attorney locally. Rewrite it

Dimitry K., Esq. :

You are most welcome, and I genuinely sympathize with a problem tenant.

Dimitry K., Esq. :

Is there anything further that I can answer for you at this time?

Customer:

not now, but Thanks

Dimitry K., Esq. :

You are most welcome. If satisfied with the service that you received, kindly do not forget to positively rate my answers to you so that I may obtain credit for my work. Thank you and please take care!

Customer:

ok Take care too

Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 35761
Experience: Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
Dimitry K., Esq. and 7 other Landlord-Tenant Specialists are ready to help you
Expert:  Dimitry K., Esq. replied 5 months ago.
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