When there are two people in a contract, there is always some issue that they might disagree leading to a dispute especially in a Tenant-Landlord kind relations. Though there is no cookie cutter solution to avoid tenant landlord disputes there is always some measures you could take to minimize the occurrence of it. One best thing is to know a tenant and Landlord rights and responsibilities.
Landlords should not exhibit discrimination based on race, color, status, sex, disability, etc. They should make sure that the property is fit for human habitation before the tenant moves in. They should not turn off water, electricity, or gas for the tenant’s property. They should not be negligent in doing normal wear and tear repairs. In case the ownership of the property is transferred to a new landlord, it’s the responsibility of the existing landlord to notify the tenant about the transfer.
Tenants have their share of responsibility too. Tenant is required to take good care of the property they are renting. They should not cause damages to the property. They need to pay rent on time. Taking in additional occupants or subleasing without the knowledge of the landlord is not right.
Renting lease addresses all the issues that might rise to a dispute. So tenant and landlord agree on its terms upfront claiming to know their respective rights and obligations. When either party breaks a clause in the lease, the agreement becomes void and necessary action is taken.
Mediation is a good option over landlord dispute resolution in court. It is done by a neutral third party called mediator who unlike the judge cannot pass judgment but can help arrive at a mutually beneficial solution. You can avail this service at a little cost or free from publicly funded programs. The mayor’s office or the city manager’s office will have information on landlord-tenant mediation matters. They can refer you to the local business or community or public office that offer mediation services.
Well if the issue is beyond mediation and involves money the Small Claims Court or landlord-tenant court will be your option. Small claims court does not require you to bring attorney saving you that overhead. As the name indicates the purpose of this court is to resolve landlord disputes involving small amounts of money faster and at a very low cost. In most states the most money the issue can be about is $10,000. You represent yourselves so you need to prepared with right points and supporting evidence.
Whether the tenant landlord dispute is over who has to do the repairs, increase in rent, security deposit, etc it would be better to resolve the issues out of court. Make sure the terms of the lease are clear and understood. To avoid legal problems both the parties should be aware of the local, state, and federal laws pertaining to their rights. If the issue can be solved by the local tenant landlord dispute resolution center take it there. Try to keep the communication channel open. Always keep record of any correspondence and transaction like any repair request made or repairs done.
