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Rental disputes can be resolved informally between landlord and tenant, but if not, mediation, arbitration, and court are options. Good lease agreements can prevent disputes, and keeping records and receipts helps. Mediation and arbitration are non-binding and binding, respectively, and courts are a last resort.
The simplest way to resolve a rental dispute is informally between the landlord and tenant in a personal meeting to discuss the basis of the disagreement. Sometimes a misunderstanding of the lease or the law in the region where the property is located can be resolved to the satisfaction of both parties. If a rental dispute cannot be resolved this way, mediation, arbitration, and court are options to pursue. Some regions offer government assistance with rent dispute resolution to avoid formal lawsuits.
A good lease or lease agreement reviewed by the tenant and landlord can prevent a rent dispute from arising. Lease agreements should spell out the responsibilities of the parties who sign them and what happens if the terms of the agreement are violated. The agreements commonly cover rent payments, repairs and maintenance, property damage, and privacy concerns. Security deposits and what is required for repayment can also be stated in the contract.
Rent disputes can be avoided by keeping good records and receipts. For example, if a tenant feels that the rental property is unsafe or unlivable, a letter to the landlord should explain the tenant’s concerns. Landlords in most areas are required to keep the electrical, plumbing, heating and roof in good repair. Tenants who are behind on rent or facing eviction should be notified in writing of the timing for paying the arrears and how the eviction process works.
When a rental dispute requires mediation, the parties might check with a local government agency to see what help is available. A mediator is trained to resolve disputes without bias, but his or her decision is generally not binding in a court of law. Sometimes the mediator can help the tenant and landlord find reasonable solutions to the rent dispute without further action. In some regions, rent control boards, courts, or similar services are available to mediate rent disputes.
If mediation is unsuccessful, arbitration is the next step. An arbitrator’s decisions are usually binding in court, and some rental agreements outline the stages of the arbitration, making it a mandatory part of the agreement. An arbitrator reviews all the evidence presented about the rental dispute and makes a decision on how to resolve it.
The last resort for dealing with a lease dispute when all other attempts fail is the courts. Some courts allow both parties to represent themselves without hiring a lawyer. Opposing parties can present written evidence and call witnesses to support their arguments.
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