Archive for the 'Landlord Disputes' Category

How to Handle Landlord Disputes

Thursday, March 11, 2010

Conflict is inevitable in any relationship, business or personal. When conflict arises between landlords and tenants, however, the stakes are particularly high. For the renter, their home is on the line and, though they may be fully-capable of moving to a new apartment if need be, it’s still enormously inconvenient to do so on short notice. How disputes between landlords and tenants are best handled depends on the nature of the dispute.

Disputes often arise over small issues, such as a leaky faucet going unfixed and other small repairs around the house being left unaddressed. If your landlord is dragging their feet, offer to do the repair yourself—if you’re qualified—for the cost of materials and some money written off of rent. Don’t do it and then expect them to pay you without them having first agreed to such an arrangement, however. If they refuse even this and leave issues unaddressed, it may be worth your while to check with your state government. Most state governments have a special office that handles such disputes and who will inform the landlord that they are required to fulfill the terms of their lease and make repairs. Doing this, of course, is likely to make your relationship with the landlord tense. Make sure whatever happens to be the issue is worth the conflict it might cause.

If there are truly serious problems with a landlord, such as heating equipment being unsafe, broken windows, bad wiring or plumbing, etc., and the landlord refuses to address these issues, it makes sense for a tenant to get a lawyer. There are lawyers in most cities who have some specialization in landlord/tenant cases and who can help get the issues addressed. If the landlord is unlikely to address issues that pose a threat to your safety, move. A lawyer can help get your rent refunded in some cases and, in extreme cases, may be able to invoke other remedies for what you’ve endured, though it may take time.

If a dispute arises over money, which it often does, refer to the lease. The lease details your financial obligations and landlords do not have the right to violate their own leases without cause. They, just like you, are obligated to the lease terms. Do not pay rent that’s suddenly inflated beyond the lease terms and do not pay extra fees that pop up without warning or notice.

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posted by shazaamblogs   |    0 comments

Is court the answer?

Thursday, March 11, 2010

If you are having issues with your landlord, the first instinct of most people is to hire a lawyer and head to court. In some cases, this is the correct first step, but there are a few things you need to take into consideration before you book a date in front of a judge.

First, make sure you have at least a basic understanding of what the tenancy laws are in your state or province. Just like how every state has their own rules when it comes to working, there are different rules for how tenants can sue landlords. If you haven’t had your dishwasher fixed in a month, you don’t really want to sue over something so small, but if your front door is damaged and it hasn’t been fixed in a reasonable amount of time, you may have a better case.

Next, find a lawyer who will talk to you without charging you anything. Most lawyers these days offer free consultations where they can either take your case or point you in the right direction. It may turn out that your state or province has arbitration for such cases, in which a lawyer is completely unnecessary.

It is important that you save everything you can in regards to your case. Every notice that has been sent by you to your landlord should be included in your evidence once you go to court. Create an easy to read time line of all of your issues so that the presiding judge understands everything you’ve been through.

Finally, you will want to have a clear understanding of how much the total cost of court proceedings are going to be before you start. In some jurisdictions, even small claims court cases can be costly so be sure you understand what you are up against first.


posted by shazaamblogs   |    0 comments

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