Could Tenant Hold You to Your Conduct Later?

Lease terms aren’t solely the deciding factor in who prevails when an owner and tenant disagree. The way in which one or both parties have behaved during the lease period can also be important—especially if the lease is ambiguous. In that case, a court may look to the “course of conduct” of both sides to determine how to proceed. So, when dealing with your tenant, make sure that you don’t do anything repeatedly that you wouldn’t want to be held to as a requirement later by a court.