Landlord-Tenant Dispute Resolution
FAQ
Lawyers
and lawsuits should rarely be your first choice. Learn about your other
options
From
the Nolo.com Landlord and Tenant Center
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.
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.
Everybody's
Guide to Small Claims Court (National and California Editions), by
Ralph Warner (Nolo), provides useful information on landlord-tenant disputes
that end up in small claims court. The books explain how to evaluate your
case, prepare for court and convince a judge you're right.
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here for related information and products from Nolo.com
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to Our Readers:
This article
provides information and general advice about the law. But laws and procedures
change frequently, and they can be interpreted differently by different
people. For specific advice geared to your specific situation, consult
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for personalized advice from a knowledgeable lawyer licensed to practice
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