Resolving Landlord-Tenant Disputes FAQ
Lawyers and lawsuits should rarely be your first choice when faced with a landlord-tenant dispute.
What's Below:
How can landlords and tenants avoid disputes?
Can I get help settling a landlord-tenant dispute out of court?
What's the best court to use for landlord-tenant disputes?
How can landlords and tenants avoid disputes?
Whether your disagreement is over a rent increase, responsibility for repairs, or the 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.
- 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 or using a local dispute resolution service.
- Keep copies of any correspondence and make notes of conversations about any problems. For example, tenants 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.
Can I get help settling a landlord-tenant dispute out of court?
If you can't work out an agreement on your own, consider mediation by a neutral, third party, called a mediator. 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.
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