Firm but Fair: Communication Strategies for Housing Providers

When you’re a housing provider in Berkeley, “holding your line” isn’t optional. Whether you’re enforcing lease terms, carrying out repairs, or reclaiming control of a shared space, you’ll eventually face tenant pushback. And when you do, the way you communicate can make all the difference.

Say too little, and tenants may feel ignored. Say too much, and you risk sounding defensive or retaliatory. The key is finding the balance: firm, factual, and professional.

Case Study: A Triplex Backyard Conflict

One Berkeley owner planned a large-scale backyard improvement for her triplex. Over time, one household had filled the common yard with personal plants, leaving the other two tenants feeling excluded.

When the owner announced her plan to upgrade the yard with granite, pavers, and rolling planter walls, tenants pushed back. They missed the removal deadline for their items, then emailed to ask if the project was “retaliatory” and how much they would be compensated for loss of the space.

Instead of responding defensively, the owner anchored in the lease (which excluded the yard as a housing service), restated the project’s benefits, set a new deadline, and directed tenants toward the Rent Board’s neutral processes if they wanted to pursue the matter further. She also requested mediation, which is not always necessary but can be a constructive tool when direct communication has stalled. In this case, it demonstrated good faith and helped de-escalate the conflict.

This case highlights the value of clear, firm, and fair communication.

How to Communicate Firmly but Fairly

1. Acknowledge Without Agreeing

When tenants raise a concern, it’s natural to jump straight into correcting them. However, if you skip acknowledgment, tenants may feel dismissed. A simple acknowledgment shows you’ve heard them without conceding their point.

• Tenant concern: “Isn’t this backyard project retaliatory?”

• Unhelpful response: “Of course it’s not retaliatory. I don’t know why you’d even say that.”

• Better response: “I hear your concern about the timing of this project. The work has been planned for some time and is not connected to your recent communications.”

2. Anchor in Facts, Not Feelings

Frame your communication around the lease and the law. Under the BPOA Residential Lease, Section 1.1 makes clear that common areas such as yards, laundry rooms, or storage spaces are not part of the leased premises and are not included as “housing services.”

• Unhelpful: “You’ve taken over the yard, and the other tenants are upset.”

• Better: “The backyard is a common area. Improvements are scheduled, and all items must be cleared by [date] so the project can proceed.”

3. Reiterate Purpose and Benefits

Conflict often softens when tenants see the upside.

“The new design will include crushed granite pathways, pavers for seating areas, and rolling planter walls to give each household its own space. The walls are on wheels, so they can also be moved aside to create one large open space for gatherings. The goal is to make the yard more functional and enjoyable for all residents.”

4. Set Clear Deadlines

Once you’ve acknowledged concerns and explained the project, end with a direct, factual deadline.

“All personal items must be removed from the yard by [date]. If items remain after that date, I may need to temporarily relocate them elsewhere on the property so the construction can begin. This could mean placing them together on a tarp in a safe corner of the yard."

BPOA Note for Owners:
You may relocate items on the same property if they are in the way, but you do not have the right to discard or destroy tenant property. If belongings are truly abandoned, California’s abandoned property process (Civil Code §1980–1991) must be followed before disposal.

Other Situations Where Firm Communication Matters

The same principles apply well beyond yard projects. Housing providers often face pushback in everyday situations where tone matters just as much as substance.

Late Rent Payments

• Tenant concern: “I can’t believe you’re charging me a late fee right now.”

• Better response: “I understand that finances can be challenging. The lease requires late fees when rent is not paid on time. To avoid further fees, please make payment by [date].”

Personal Items in Common Areas

• Tenant concern: “Why can’t I keep my bike in the hallway?”

• Better response: “The lease does not grant storage rights in common areas. Please remove your belongings from the hallway by [date] to keep pathways safe and accessible.”

Noise and Neighbor Conflicts

• Tenant concern: “We should be able to play music late — it’s our home.”

• Better response: “Several neighbors have raised concerns about noise after 10 PM. The lease requires quiet enjoyment for all residents. Please keep noise down during late hours.”

Requests Beyond the Lease

• Tenant concern: “Can you cover my internet bill since the service is spotty?”

• Better response: “I understand the concern. This particular request is not part of what the lease provides, so I’m not able to take it on.”

When Owners Hesitate to Speak Up

It isn’t only tenant pushback that makes communication tricky. Many owners hesitate to address issues because they fear being seen as harsh, confrontational, or even discriminatory. However, avoiding difficult conversations often exacerbates the problem.

Here are common situations where landlords hold back and better ways to move forward:

Late Payments and Rent in Arrears

• Owner hesitation: “I don’t want to sound heartless by chasing rent.”

• Better approach: “Rent was due on [date] and has not been received. The balance due is $X. Please pay by [date] to avoid further late fees.”

Chronic Late Payments

• Owner hesitation: “They always pay eventually — I’ll let it slide again.”

• Better approach: “I’ve noticed your payments have been late several months in a row. Rent must be paid on time to comply with the terms of the lease. Let’s discuss a payment schedule if you’re struggling to stay current.”

Problematic Behavior

• Owner hesitation: “I don’t want to be accused of singling them out.”

• Better approach: “Several neighbors have raised concerns about loud gatherings after 10 PM. The lease requires quiet enjoyment for all residents. Please keep noise down during late hours.”

Rent in Serious Arrears

• Owner hesitation: “I’m worried starting an eviction will make me look like the bad guy.”

• Better approach: “As of today, your rent balance is $X. If this issue is not resolved, I will have to proceed with the legal process. I hope we can work together to avoid that outcome.”

Handling Demands for Compensation

From time to time, tenants may ask, “How much will we be compensated?” when they feel inconvenienced by construction, repairs, or changes to the property. 

While not every tenant raises this issue, it may arise in situations where access to an amenity or common area is temporarily restricted.

Here’s what to keep in mind:

• Housing services are defined by the lease. If the lease does not include a yard, laundry room, or other amenity, tenants are not paying rent for that service and are unlikely to qualify for compensation if access is restricted.

• Temporary inconveniences are not always compensable. Noise, dust, or short-term disruptions during repairs usually do not qualify as a reduction in housing services.

• Tenants may pursue remedies through the Rent Board. They can request mediation or file a petition, but the burden is on them to prove there has been a substantial loss of a service that the lease actually provides.

BPOA Note for Owners:
You are not required to inform tenants about Rent Board remedies in your first communication. Focus on facts, deadlines, and professionalism. If tenants continue pressing the issue, you may neutrally acknowledge that the Rent Board has established processes to resolve such disputes.

Mediation vs. Petition at the Berkeley Rent Board

Mediation

• Conducted by Rent Board staff mediators

• Voluntary and confidential

• Non-binding, the mediator does not decide the case

• Can be helpful when direct communication has stalled or when emotions are high

Petition

• Formal legal process at the Rent Board

• Heard by a hearing examiner

• Each party must present evidence (leases, communications, photos, etc.)

• Binding decision issued, with right of appeal to the full Board

BPOA’s Guidance:

• Start with clear, professional communication on your own.

• If direct dialogue does not resolve the issue, mediation can sometimes help resolve a conflict without the time and risk of a formal petition.

• Be aware that mediation is voluntary, while petitions are formal and binding.

Voluntary Gestures of Goodwill

In some cases, it may be worthwhile to offer a small concession even before a tenant asks. For example, if noisy construction is unavoidable and you know a tenant works from home, a modest rent credit or gift card can signal that you recognize the inconvenience. Offering something upfront frames it as goodwill rather than a response to a demand.

This is entirely voluntary. It does not create a legal obligation or admit fault. A well-timed gesture can show fairness, preserve goodwill, and prevent a minor inconvenience from escalating into a dispute.

Takeaway

You don’t have to justify every decision or absorb every accusation. By acknowledging concerns, grounding your position in the lease, highlighting benefits, and setting clear deadlines, you can hold your line firmly without coming across as defensive or dismissive.

And when disruptions are unavoidable, a small, voluntary gesture offered on your own terms can demonstrate fairness and keep relationships on steady ground.