Disputes With a Landlord, How to Handle Them
Today, it is almost common to hear of disputes between landlords and tenants. These arise for a number of reasons and the fault can lie on either side. There are a number of ways to keep these to a minimum, or avoid them completely.
- As a tenant, it is your responsibility to read all rental contracts and riders before signing the rental agreement. If you sign on the bottom line, it means that you have read and agree to all the terms in the agreement. Take the time to read everything, ignorance is no defense. If you don’t understand something, ask for clarification from the landlord, get it in writing if you need to.
- Know the laws in your area. Local and state laws often take precedence in disputes between landlords and tenants. Knowing what applies is your best defense and the best way to avoid conflict in the first place.
- Don’t lose your temper. No matter how tempting it may be to yell and scream, rant and rave, don’t do it. Remain calm even if the landlord gets ugly about things. Often, a controlled temper is the best way to calmly begin to clear the air.
- Remember, communication is key. If there is no communication there can be no resolution. Disputes are often settled easily when both parties take the time to listen to each other in depth. It’s easier and cheaper to resolve things this way than it is to wind up in litigation or arbitration.
- Avoid discussing things over the phone or through email. It’s much easier to misunderstand things when you’re not discussing them face to face. If necessary, meet somewhere neutral.
- A mediator may be able to help. If you’ve tried discussing the problem and still haven’t gotten anywhere, it may be time to bring in the professionals. Rather than lawyers, start with a mediator. They will often be able to settle disputes quickly and easily.
- Make sure you have everything in writing. Documentation is one of the key things to make sure you know you’re in the right. If you have it in writing, then the other party will have to acknowledge the fact that it is true.
- Arbitration can help when other routes fail. Unlike a mediator, and arbitrator’s ruling is binding, but it requires both parties to agree to it. Unlike small claims court, arbitration requires each party to agree to the act, though in the end it is legally binding.
Options after this begin to get costly, lawyer’s fees and court costs have a way of piling up. If you can settle the dispute without going to court, everyone involved will be happier.