How can landlords and tenants avoid disputes?
Legal disputes -- actual and potential -- come
in all shapes and sizes for landlords and tenants.
Whether it's a disagreement over a rent increase,
responsibility for repairs or return of a security
deposit, rarely should lawyers and litigation be
the first choice for resolving a landlord-tenant
dispute.
Both landlords and tenants should follow these
tips to avoid legal problems:
- Know your rights and responsibilities under
federal, state and local law.
- Make sure the terms of your lease or rental
agreement are clear and unambiguous.
- Keep communication open. If there's a problem
-- for example, a disagreement about the landlord's
right to enter a tenant's apartment -- see if
you can resolve the issue by talking it over,
without running to a lawyer.
- Keep copies of any correspondence and make notes
of conversations about any problems. For example,
a tenant should ask for repairs in writing and
keep a copy of the letter. The landlord should
keep a copy of the repair request and note when
and how the problem was repaired.
We've talked about the problem and still don't
agree. What should we do next?
If you can't work out an agreement on your own,
but want to continue the rental relationship, consider
mediation by a neutral, third party. Unlike a judge,
the mediator has no power to impose a decision but
will simply work to help find a mutually acceptable
solution to the dispute. Mediation is often available
at little or no cost from a publicly funded program.
For information on local mediation programs, call
your mayor's or city manager's office, and ask for
the staff member who handles "landlord-tenant mediation
matters" or "housing disputes." That person should
refer you to the public office, business or community
group that handles landlord-tenant mediations.
For more information on mediation, see the Lawsuits
& Mediation area of Nolo's Legal Encyclopedia.
If mediation doesn't work, is there a last step
before going to a lawyer?
If you decide not to mediate your dispute, or mediation
fails, it's time to pursue other legal remedies.
If the disagreement involves money, such as return
of the security deposit, you can take the case to
small claims court. A few states use different names
for this type of court (such as "Landlord-Tenant
Court"), but traditionally the purpose has been
the same: to provide a speedy, inexpensive resolution
of disputes that involve relatively small amounts
of money.
Keep in mind that your remedy in small claims court
may be limited to an award of money damages. The
maximum amount you can sue for varies from $3,000
to $7,500, depending on your state.
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Nolo.com
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