Landlord & Tenant disputes

post-2A landlord and tenant upon taking residency agree to take on certain rights and responsibilities pertaining to the property. These rights and responsibilities are stated within the Residential Tenancies Act, they are not so complicated and most of the time, tenant and landlord do get along pretty well. However when dispute arises there is need for a means or a method to resolve it as fast as possible. There are many reasons for tenant and landlord to disagree over. Here are the most common;

When a tenant commits and offence like noise violations, parking violations and occupancy limits the consequences usually land on the landlord. A Village or Town Court usually persecutes the property owner; that is the landlord for any violation and not the tenant. This will be a waste of time and money since the landlord will have to seek for a lawyer for representation and will also take a long time in court settling a case that was not his to being with. In such a case the landlord will be also forced to seek an eviction against his tenant.  Today some landlords include a lease that includes compliance with local laws. After the case is settled some landlords may include in their lease, a liquidated damages provision so as to compensate them for the time and the money lost in the case.

Another common cause for conflict is non-payment or delayed payment. Most people do manage the base rent, issues always arise with adjusted rent. Sometimes rent can be increased mostly on an annual basis. Tenants might refuse to settle the adjusted rent and simply refuse the responsibility, an issue that will later have to be solved in court. The tenant can also order for improvement services without the knowledge of the landlord. Such services come the form of pool maintenance, repairmen, landscaping and such can be a real cause for conflict if an agreement to the payment is not done prior to the improvements.

Most tenants do not take care of the property very well during tenancy. Landlords usually find ripped couches, broken appliances and stained floors when they retake possession of their property. At this point the security is usually insufficient to cover the costs for repairs and replacement. Tenants also insist that they found the property as they left it and as long as there is no proof for the landlord to prove otherwise, he will have to foot the bill for repairs and replacement. Landlords can protect themselves by taking pictures of the property at the moment of tenancy, these pictures should be signed by both the landlord and the tenant so that both can ascertain the condition at that point in time.

No matter the dispute however, it is important that both first seek to settle the dispute outside the court. As a tenant you can first consider talking it over with the landlord, this is always the best way to solve any problem is usually successful.

When that fails you can opt to use a third party mediator. This is very helpful if both the landlord and the tenant find it hard to communicate with the other. The mediator will facilitate communication and help the two of you reach an agreement that is suitable to both parties. If that does not work, then you will be force do to go to court; this route generally needs more resources and time.