Harassment is the use of aggressive methods by a landlord in an attempt to pressure or intimidate a tenant. A landlord may perform these actions to disrupt the tenant's right to quiet enjoyment of the rental unit, force the tenant to move from the unit or force the tenant to refrain from pursuing their legal rights.
The landlord's action usually must be ongoing and not an isolated incident. The harassment could be against a tenant who lives in the rental unit or against a guest of a tenant.
There are endless ways a landlord could harass a tenant. Some examples include:
Illegal Entry: Unless its staed otherwise in the lease, advance notice of at least 24 hours is usually required before a landlord can enter the tenant’s apartment. Emergencies are an exception to the rule. Entering a tenant’s property without warning or prior approval could be considered harassment.
Shutting Off Utilities: This violates the warranty of habitability, which means that tenants have the right to basic necessities, such as running water, sewer and heat in the winter.
Cutting Off Amenities Included in Lease Agreement: This could include taking away a tenant’s parking spot or cutting off access to laundry services -- whatever is guarateed in the lease.
Refusing to Make Repairs/Perform Maintenance: A landlord could attempt to make the conditions at the property uncomfortable by refusing to make repairs or perform requested or necessary maintenance.
Changing the Locks: A landlord may change the locks on common area doors or on the actual entry doors to the tenant’s unit or even barricade these doors in order to get the tenant to move out of the property.
Removing Possessions From Unit: A landlord could physically move a tenant’s possessions out of the rental property.
Raising Rent Without Proper Notice: In Pennsylvania, landlords are required to give tenants proper notice before increasing the rent. For a typical 1-year lease, landlords must give 30 days notice. If the lease is month-to-month, landlords have to give 15 days notice before raising rent.
Improper Notice: Landlord-tenant law requires landlords to give a certain amount of notice for events such as entry, nonpayment of rent or evictions. If the landlord does not give the proper notice, it could be considered harassment.
Verbally Threatening the Tenant: A landlord may try to intimidate the tenant over the phone, in person or in writing, such as in text messages, emails or written letters.
Physically Threatening the Tenant: A landlord might physically harass a tenant. This could include using their body to block a tenant’s exit from a room, getting in a tenant’s face or even putting their hands on the tenant.
Refusing to Accept a Rent Payment: A landlord may attempt to intimidate a tenant into moving or threaten the tenant to take back a complaint by refusing to accept the tenant’s rent payment.
Filing False Charges Against the Tenant: Another form of harassment involves a landlord filing false charges against a tenant, such as falsely stating the tenant violated a no-pets policy, in an attempt to evict the tenant.
Filing a Fake Eviction Against the Tenant: A landlord could try to get the tenant to move by sending a fake eviction notice to the tenant. For example, the notice may state that the tenant is being evicted and only has three days to move out of the unit (whereas legally, tenants have between 10 and 30 days, depending on the reason).
Construction Related Nuisances: If a landlord begins construction with the sole purpose of disturbing the tenant, this could be considered harassment. It could include working during early morning or late at night, leaving construction debris everywhere or physically blocking the entrance to the tenant’s apartment.
Sexual Harassment: A landlord could harass a tenant by making crude remarks to the tenant or other obscene sexual advances.
There are many actions that are within the legal rights of a landlord. These include:
Entering Rental in an Emergency: A landlord does not have to provide notice to a tenant to enter the tenant’s unit in an emergency. For example, if there is a fire in the building, the landlord can open the tenant’s door to try to make sure no one is left in the property.
Filing an Eviction for Nonpayment of Rent: A landlord is legally allowed to file for an eviction against a tenant if the tenant has not paid their monthly rent. A landlord will often have to send the tenant a Notice to Pay Rent or Quit before being able to file for the eviction.
Raising the Rent With Proper Notice: A landlord can increase a tenant’s rent by a certain percentage, as long as the landlord gives the tenant proper notice.
Sending Tenant Notice to Quit for Violating Lease Terms: If a tenant is violating the terms of their lease, the landlord has the legal right to send the tenant a notice to quit the behavior. If the tenant does not stop the behavior after this notice, the landlord may have the right to file for an eviction. Sometimes the landlord is required to send the tenant multiple notices before an eviction can be filed.
Tenant Did Not Pay Utility Bill: If a tenant does not have heat or electricity because he or she did not pay their utility bill, it is not landlord harassment. As long as the boiler works and the electricity has the ability to turn on, it is up to the tenant to get current on their bills so their utility services are turned back on.
Sending Tenant a Buyout Request: Landlords are allowed to offer the tenant a buyout to move out of the unit as long as they follow legal measures to do so. A landlord is usually only allowed to make a buyout attempt once within a certain number of days as repeated attempts could be considered harassment.
Changing Locks for Victims of Domestic Violence: While a landlord cannot randomly change the locks on a tenant’s unit, the landlord can change the locks at the request of a tenant who has been the victim of domestic violence.
If you feel like you've been a victim of landlord harassment, you several options:
Document the Incident: The tenant should document any alleged incidents that occur including the date, time and nature of the harassment. The tenant should keep any evidence of the harassment, including a voicemail, text message, email, letter, witnesses, photo or video that captures the incident.
File Complaint: In Meadville, a tenant can report health and saftey problems to the city governmnet and/or the Pennsylvania Department of Health. If the problem inolves physical abuse, you should contact the police department.
File a Restraining Order: With the proper evidence, a tenant can file to get a restraining order against the landlord. This usually occurs if the tenant wishes to move out of the rental property, since landlords and tenants will typically have to interact in the course of business.
Get an Injunctive Order from the Court to Stop the Behavior: A tenant can go to court to get a legal order from the court for the landlord to stop the harassing behavior.
Sue the Landlord: A tenant could also sue the landlord for damages due to the harassment.
See our Legal Help page for the free legal services that are available in the area.