Resolving Disputes Between Tenants and Landlords
Every issue has more than one side, rental agreements included. While some things may be pretty straightforward, others may have some built-in ambiguity. For instance, you know you will need to pay rent every month by a certain day but what if you have half on time and the other half coming on payday a few days later? Is your landlord obligated to accept a partial payment late? If you leased a no-pet space and then a family member bequeaths you their pet, can you keep the pet or the apartment? What are the consequences of breaking a lease? What are your options if you don’t see eye to eye with your landlord?
The Lease Agreement
A lease agreement is meant to cover the most likely circumstances that could arise. But no agreement can foresee everything. Read and understand your agreement thoroughly before you sign it and be prepared to accept the consequences of any action that violates it. Landlords are required to provide heat, running hot and cold water, locks and keys, a smoke detector, and safe and clean shared areas such as laundry facilities (if available) or parking lots. Check with your state for specific requirements where you live. Your lease agreement will also state your responsibilities regarding utilities including whether or not the landlord will pick up any of those costs, such as trash collection services, water, electricity, or gas. If you have concerns, the best first step is to talk to your property manager.
Tenant Responsibilities
Tenants are expected to regularly take out the trash and keep the rental clean. Treat appliances and other items that are part of the property with respect, keep plumbing and fixtures clean, and report any issues. Follow any applicable housing and health codes, and prevent damage or defacement of the property. Avoid disruptions, such as playing loud music, that affect other tenants in the surrounding housing. Pets should be approved before their arrival and a pet deposit may be required. Tenants are also expected to leave the property clean and sanitized, without damage beyond normal wear and tear. If you do not understand any or all of your lease agreement, get clarification before you sign. Once signed, you are legally obligated to uphold anything specifically spelled out in the agreement whether you understand it or not.
Unexpected Issues
You and a friend decided to rent an apartment together and you are both on the lease. Your friend has a new significant other they want to move in. Can you add another person to the lease? What if they decide to move elsewhere? Can they break the lease while you stay and pay the costs alone? Is it possible to change the lease to a different roommate? Can you allow a friend to sleep on the couch indefinitely without them being on the lease?
You’ve rented a new place without a pet at the start of the lease. You got lonely during the Covid lockdown. Can you add a pet now? What if your family wants you to watch their dogs while they are on vacation? Can you be evicted if you sneak them in? Is a goldfish considered a pet?
You reported a leaking pipe but the landlord hasn’t been out to fix it yet and water has now damaged flooring and personal items. Who is responsible? Your guest slips on the ice in the parking lot. Are you liable or is your landlord?
How often can your landlord raise the rent and by how much? For what offenses can you lose your security deposit or first/last month’s rents?
You Have a Disagreement, Now What?
First of all, refer to your lease agreement. If the issue is mentioned in it, the consequences may also be listed. Check with state and local authorities to see if laws or statutes have been violated. Refer to your move-in checklist to see if the issue was present before you moved in or happened afterward.
Communicate with your landlord or property manager and document all encounters about the issue. Many problems can be worked out by simply discussing the issue. It’s important to remember that you are more likely to reach a successful resolution if you keep calm and leave emotions out of the discussion. You may not get everything you want out of the discussion so consider where you can compromise before you meet. Landlords are not required to accept late payments but some might on a one-time basis if you ask nicely.
Additional Resolution Options
If you and your landlord are not able to agree, you have three main options for help. Mediation, arbitration, and small claims court. Any one of these may be required for dispute resolution as part of the lease agreement.
Mediation
Many housing authorities have well-trained mediators available to help settle disputes. They understand the laws involved and are skillful at negotiation. Mediators will try to find a middle ground between the parties that is acceptable to both sides. Mediation is non-binding and voluntary. Both sides must agree to the mediation but are not bound to accept the results. This is the quickest and cheapest method of resolving a dispute.
Arbitration
The next level is arbitration in which both parties agree to a third party resolving the dispute. This is more formal than mediation. The arbitrator will look at the evidence provided by each party and will meet with each side. They have the power to make a final decision and this is as binding as if the parties had gone to court. They can award damages or compensation to one of the parties. However, arbitration is confidential between the parties and a decision is usually faster than going to court. It is also cheaper and more convenient than court.
Court
Small claims courts in the US can usually award up to $5000 in damages. Most landlord/tenant disputes fall under this maximum amount but check with your state to verify damage limits. Some small claims courts don’t allow lawyers so be prepared to defend yourself. You will want to take your documentation and evidence to support your claim. This method can be used when the other party won’t agree to mediation or arbitration.
Most issues can be resolved with a simple conversation. Even with the best property manager like The Property Manager in Durango, CO, sometimes disputes will require a bit more to get resolved. The Property Manager will work with you in good faith to help resolve issues so we can keep a good tenant/landlord relationship.
“Disclaimer: This article does not constitute legal advice. Please contact a licensed attorney for all your legal questions.”
https://www.incharge.org/housing/solve-landlord-problems/
http://rentdurango.com/what-landlords-wished-tenants-knew/
