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Landlord-Tenant Disputes
Cate Malek
Research Assistant, Conflict Research Consortium
University of Colorado
Definition:
These are disputes between landlords and tenants over rent payment, property
damage, return of security deposits, etc.
Users:
Landlords and tenants.
Description:
Landlord-tenant disputes are an example of
common complaints that can become intractable and flood court rooms. These
disputes often become nasty because the tenant depends on a place to live and
the landlord depends on their rental income. However, their mutual interest in
the tenant staying in the house can also be a platform for the two parties to
reach agreement.
How to Handle Landlord-Tenant Disputes
Practitioners argue that many landlord-tenant disputes can be avoided by open
communication and both landlords and tenants knowing their rights and
responsibilities. They suggest that the parties try not to assign blame and
instead focus on negotiating a solution. They also recommend putting all
agreements in writing. If the dispute continues, parties can go to the local
housing agency, the local district attorney's office or the local tenant
association or rental housing association. Parties also may want to look into
mediation. There are community dispute resolution centers all over the country
that will help to mediate landlord-tenant conflicts, often for free. In some
places, mediation is required before going to court. This saves expense for all
parties: the landlord, the tenant, and the state, which has to pay extra money
if welfare tenants are evicted and have to be moved to expensive motels.
However, others argue that tenants are at a disadvantage both in court and in
mediation because some landlords are more experienced and can afford better
representation than most tenants. Some also worry that mediation is hard to
evaluate because it is confidential. As a last resort, parties should take their
dispute to small-claims court.
Links to Related Articles:
Community Dispute Resolution (CDR)
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