The Paletz Law Blog

Tips to Keep You Out of Court with Your Tenants

May 2nd, 2025 | By: Paletz Law Press

As we are keenly aware from our vantage point at Paletz Law, and from yours as a property manager or landlord, tenant removal proceedings can be time-consuming, costly, and exceedingly stressful for all parties involved. 

However, there are preventive measures you can take to hopefully help you avoid lengthy court proceedings in the future. While we know that many of you are implementing these steps, it’s always good to look at your pre-tenancy and current tenancy practices at your properties and work on keeping your communications open with your tenants. While we understand situations prompted by uncooperative and non-paying tenants sometimes make going to court unavoidable, there are ways to minimize this.

Implement Tenant Screening Practices

State laws have made it increasingly challenging to screen tenants (Source of Income laws in Michigan, as an example). Your selection process is still your first line of defense in qualifying what you hope are eligible tenants in your properties. We advise you to implement the following and make sure to adhere to all fair housing guidelines:

• Background checks, including credit and criminal history
• Verification of employment and income, while knowing that requiring employment as a condition of approval can violate fair housing guidelines
• References from previous landlords for rental and payment history
• Developing clear documentation of your screening criteria

Provide Clear, Comprehensive Lease Agreements

Obviously, a well-drafted lease can protect both parties and set clear expectations from the outset: 

• Specifically outline all policies regarding rent payments, late fees, and  non-payment consequences 
• Detail both parties’ maintenance responsibilities 
• Include important clauses about noise, guest policies, smoking, animals, and other potential sources of conflict
• Strongly consider having your attorney (Paletz Law) review your lease to ensure it meets current legal requirements to maximize enforceability

Tenant Communication is Key 

Regular respectful tenant communication can help prevent minor issues from escalating into larger ones:

• Provide multiple ways for tenants to reach you (phone, email, online portal and apps)
• Ensure you have the staffing available to respond promptly to maintenance requests and concerns during, before, and after business hours
• Schedule periodic property inspections with the tenant (and with proper notice) to identify issues early in the tenancy
• Knowing when a tenant may be crossing the line from civil discussion to harassment and other toxic types of dialogue. In that case, your company’s upper management and legal representation should be notified

If Possible, Implement Flexible Payment Options

Making it easier for tenants to pay rent on time can significantly reduce payment issues:

• Offer online payment options for convenience
• Consider automatic payment systems with tenant authorization
• Provide clear payment receipts either by paper or online (or both) to maintain detailed records and payment records

Don’t Wait to Address Tenant Payment Issues

We have seen in many circumstances, property managers and tenants who don’t immediately address late payment issues, which can accumulate quickly: 

• Don’t wait until a tenant is severely behind to address payment problems
• Send friendly payment reminders a few days before rent is due
• Contact tenants immediately when payments are late, personally and in writing
• Thoroughly document all communications regarding late payments
• Develop a standardized and consistent process for payment collection 

Diligently Maintain Your Property

Well-maintained properties lead to satisfied tenants who are more likely to prioritize their rent payments:

• Address maintenance issues as quickly and thoroughly as you can
• Conduct regular property inspections with proper notice
• Invest in preventative maintenance to avoid costly emergency repairs
• Thoroughly document all maintenance activities and tenant requests

Stay Informed on Housing Laws

Paletz Law regularly through its emails and newsletter bring you up to date on legal compliance and changing laws, which can help you avoid unnecessary conflicts:

• We provide regular updates on local, state, and federal housing regulations
• Ensure all your policies comply with fair housing laws and if in doubt, please contact us
• Call us if you don’t fully understand court procedures

The Bottom Line:

While tenant removal is sometimes unavoidable, proactive management can potentially reduce the likelihood of bringing that relationship to court.  By implementing these strategies, you can potentially create a more stable rental business with fewer vacancies, reduced legal costs, and better tenant relationships. As always, contact Paletz Law if you have questions about tenant interactions and procedures.