Resolving Common Landlord-Tenant Relationship Disputes
A landlord-tenant relationship can be a trying one if either party does not honor their end of the commitment. Not all landlord-tenant relationships end in disputes, most are cordial, But some can be taxing and end up in landlord disputes. If you end up with someone who doesn’t value the agreement, you should involve a lawyer to hold the violator accountable.
The reason for a conflict could be anything. Maybe your tenant doesn’t pay rent on time or they don’t pay rent at all. Maybe they don’t maintain your property. They cause damage to it instead. Maybe your landlord forcibly tries to evict you before the term ends. Or maybe they harass you. The reason could be anything. It’s good to consult with an experienced lawyer who can handle the matter for you. Whatever the issue might be, it is always good to try and resolve conflicts without going to court. Because disputes can be a frustrating and time-consuming experience for both parties. Here are some common landlord-tenant disputes and strategies for resolving them.
Landlord Disputes
Non-Payment of Rent
Rent is probably the most common reason for landlord tenant disputes.
If you as a landlord are not receiving the rent for your property, you need to find out why that is so. Is the tenant facing a financial strain or are they merely not honoring the bargain. If the case is based on financial difficulties, show a little empathy and allow the tenant to consider a payment plan.
- Investigate the reason for the delay: Communicate with your tenant and try to understand their reasons behind the late or missed payment.
- Payment Plan: Maybe the tenant is struggling financially. Ask them to consider a payment plan or offer them some more time.
- Late Fees: Your lease contract should state a penalty for late payment. Enforce the predetermined regulations in the agreement. If the renter still doesn’t comply, hire a lawyer to mediate on your behalf.
Property Damage
A common cause of conflict between landlord and tenant is property damage. If you find out the renter has damaged your property and does not fix the damage or if they do not maintain your property. You should ask them to get it fixed. Or you can inform them that you will use their security deposit for repairs. If the security deposit doesn’t cover repair costs and the renter also doesn’t get repairs done, you should involve a lawyer.
- Document Damage: Firstly you need to have pictures of the property before you give it up for rent. You should also have pictures of how you handed the property over to the tenant. Take photos of any damage incurred to the property during the tenancy tenure. Document all the pictures and keep as evidence if need be.
- Tenant Responsibility: If the renter caused damage to your property, they need to get the repairs done. Mention this in your agreement so that the renter cannot find a way out of making repairs. They have to compensate you for your loss.
- Security Deposit: You can even use the security deposit to cover maintenance costs.
Lease Violations
This is also another one of landlord disputes. If the landlord-tenant relationship is at stake because of lease violations, an advocate should be involved to handle the matter legally.
- Review Lease Agreement: Go through the rental agreement to make sure there has been a breach of contract. Refer to the lease agreement to determine if the tenant has violated any terms.
- Provide Notice: If the tenant has violated any terms of the contract, the landlord can give them a written notice of the violation and a deadline to make amends. If the landlord has breached any terms, the tenant can also present them with a written legal notice.
- Legal Action: If either party fails to comply, the affected party should take legal action to solve the conflict.
Noise Complaints
You, as a landlord, must mention the rules of your property, in the lease agreement. A tenant cannot disrupt the peace of surrounding neighbors.
- Quiet Hours: A tenant must always honor preset regulations in the lease agreement. The quiet hours should be defined so no confusion is left.
- Mediation: You should meditate on your neighbor’s behalf and make the tenant realize they need to maintain rules.
- Legal Action: Take legal action if the tenant pays no heed to your warnings.
Security Deposit Disputes
Another common reason for conflict is the security deposit. Sometimes the landlord refuses to return the security deposit for no apparent reason.
- Itemized List: If there are any deductions from the security deposit, the landlord should inform the tenant. The landlord needs to provide the tenant with a list of any deductions from their security deposit.
- Dispute Resolution: The landlord can involve legal help if the tenant disagrees with the deductions. The lawyer will try to solve the dispute through negotiation or mediation.
- Small Claims Court: The tenant can even file a claim in small claims court, if negotiation or mediation fail.
Entry into the Rental Unit
The landlord needs to inform the tenant before entering into the rental premises. They need the tenant’s permission before entering. That's because the space temporarily belongs to the tenant and they need to consent to entry into their space.
- Proper Notice: The landlord needs to give the tenant a proper notice before entering the unit. Unless there is an emergency.
- Tenant Consent: The tenant's consent is needed to enter the rental space till the lease is valid.
- Emergency Access: In case of an emergency, the landlord may be able to enter without notice.
Pest Control
Pests are another common cause of disputes. The contract should mention who is responsible in case of pests. This is a trivial matter and both parties should cooperate in this regard.
- Landlord Responsibility: The landlord is mostly responsible for pest control unless stated in the agreement.
- Tenant Cooperation: The tenant should cooperate with the landlord to get the pest problem sorted.
Communication and cooperation solve many disputes without seeking legal help. Landlord-tenant relationships are mostly cordial, but at times they turn sour. It’s because one party doesn’t abide by the rules. Landlord disputes should be solved without court intervention. Only when negotiation and mediation fail, then you must turn to litigation.
Conclusion
Ssutton Law is a reputable law firm that deals with all kinds of commercial real estate cases. Our team of highly professional and experienced lawyers aim to help clients, legally, with the best possible outcomes. Let us deal with your landlord disputes and help you receive your due.
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