Disagreements between landlords and tenants are common, usually resulting from payment, maintenance, and early termination issues. While these disputes can be stressful, they don’t always have to go to court.
Read our guide to landlord-tenant disputes: what causes them, how to navigate them, and when to seek legal counsel.
What Causes Landlord-Tenant Disputes?
Disagreements between landlords are commonly found to arise from issues such as:
- Deposits. Some landlords might withhold deposits without giving the tenant a valid reason.
- Late payments. One of the most common disputes are about late or missed rental payments.
- Wear and tear. There can be disagreements between what is considered wear and tear versus property damage.
- Lease violations. If the tenant violates the lease terms, such as by owning pets or subletting the property, this can cause problems between the landlord and tenant.
- Rental increases. If the landlord increases the rental price, the tenant might not be happy about it, even though the landlord can raise the rent when the lease is renewed.
What are Your Rights as a Tenant and Landlord?
Whether you’re a tenant or landlord, you should always know what your rights are in this relationship. They will help you better navigate disputes, such as by giving you ground to stand on should the dispute escalate or be taken to court.
Tenant rights include:
- Access to a safe, habitable dwelling. Minimum housing standards need to be met.
- Privacy. Your landlord isn’t allowed to enter your home without giving you notice.
- Legal rental increases. Landlords can’t increase the rent as they please. They need to comply with state rent control laws.
- Avoidance of wrongful evictions. Your landlord must give you proper notice about evictions while allowing you time to respond to, or dispute, it.
- Access to fair housing. Every tenant must have access to housing, without discrimination.
Landlord rights include:
- Collecting rent and prearranged late fees.
- Increasing rent, as long as it’s in line with state laws.
- Evictions. If tenants do not pay rent, landlords have the right to evict them.
- Charging a security deposit. This covers damage to the property and unpaid rent. However, it doesn’t belong to them and state laws govern these deposits.
There can be other rules and responsibilities specified for both parties. This is where the lease agreement comes into play. This contract should specify all the parties’ rights and responsibilities in a clear manner so that both parties have clarity should concerns arise in the future.
What Steps Should You Take When There’s a Landlord-Tenant Dispute?
When a dispute arises between a landlord and tenant, the best course of action is to try to diffuse it so that it doesn’t result in expensive legal troubles. The first steps you can take to minimize a dispute include the following.
Know your legal rights and responsibilities
Understand what your rights are as a landlord or tenant in the state in which you live. Check the lease agreement so that you understand every term and clause, and how it impacts you.
Communicate with the other party
Sometimes disputes can arise out of a misunderstanding. Once you understand the contract you’ve signed, you’ll have a better footing for approaching the other party and addressing the problem.
Reach out to the other party in writing, stating your issue and suggesting a resolution for it.
Keep detailed documents
When experiencing issues with the other party and engaging in verbal communication, it helps to keep a written document of details. Write a detailed letter that explains the issue, all conversations, and any actions that were taken. This prevents further misunderstandings between parties.
How Can You Resolve Landlord-Tenant Disputes Legally?
If communicating with the other party hasn’t been successful, or you can’t seem to find a solution to the problem, you have some legal avenues to explore.
- File an Official Complaint. For situations such as housing discrimination, tenants can contact their local fair housing agency to file a complaint.
- Mediation. To avoid expensive litigation, you can hire a neutral mediator to help you and the other party hear each other out and come to an agreement.
- Small Claims Court. For issues such as unpaid rent or minor property damage, you can take the complaint to a small claims court.
- Arbitration. This is usually considered for issues such as rent review, service charges, and other disputes. An arbitrator lays out dispute processes and decides which party pays the arbitration costs.
- Civil lawsuits. If the issue is major, such as including legal violations, one party might want to take the other to court. Remedies usually include paying penalties or stopping the prohibited activity.
How Can You Prevent Future Disputes?
To guard against future landlord-tenant disputes, there is important action you can take.
Document the state of the property
It’s useful to keep pictures of the property, whether you’re a renter moving into it or you’re a landlord who wants to rent it out. Having proof of the property condition reduces confusion or disputes when it comes to maintenance, repairs, and damage.
Stick to Written Communication
Don’t rely on verbal communication with the other party. Keep all communication in writing, such as by emailing your concerns instead of expressing them over the phone.
Get a Legal Review for Your Lease
Before you sign a lease, always get it reviewed by an experienced lawyer. This will help you identify any confusing terms or missing information that could later cause you troubles.
You can hire a vetted lawyer from ContractsCounsel, an online legal network connecting clients with lawyers for the drafting and review of their leases.
How Can a Lawyer Help?
Hiring a lawyer can help you to fortify your legal position during landlord-tenant disputes. You might seek their services if you’ve received an eviction or other formal notice, you’ve tried to negotiate with the other party and they don’t want to compromise, or the dispute involves discrimination or other serious issues.
They’ll:
- Review your lease terms so there’s no confusion.
- Write and send formal notices to the other party, such as a demand for property repairs.
- Negotiate settlements to help you avoid expensive legal action.
- Help you deal with wrongful claims.
Need to hire a lawyer for your landlord-tenant dispute?
Post your request for a lawyer on ContractsCounsel and seek professional, experienced assistance from vetted lawyers on our platform.
