Housing courts handle building code violations and landlord-tenant disputes, with their structure and cases varying by location. Housing courts expedite eviction processes, and some also hear criminal cases related to poor maintenance. Mediation services can also be provided to avoid going to court.
In some places, housing issues, including building code violations and landlord-tenant disputes, are dealt with in housing court. The structure of a specific housing court, along with the types of cases it deals with, depends on local law and the specific policies of the court. For example, some housing courts deal exclusively with civil cases relating to landlords and renters, while others may deal with criminal housing-related matters, such as wrongful evictions or negligent maintenance by landlords and landlords. However, not all countries or localities have housing courts, and the United States may have a special housing court in only some jurisdictions. In areas that do not support housing courts, housing issues are often heard and decided in county or other local courts along with other cases.
The purpose of a special housing court is often to expedite the eviction process. In many areas, including throughout the US and the UK, landlords are not free to simply evict tenants, even when tenants fail to pay rent, are behaving illegally or damage the rental unit. Tenants are entitled to due process before being forced out of their home, even if their landlord incurs financial or other losses in the process. Because landlords have this vulnerability, the eviction process in many jurisdictions is quite fast, moving more quickly than other civil lawsuits typically do. A dedicated housing tribunal, with judges and court staff specializing in housing matters, can protect tenant interests and help landlords regain access to their rental property.
Some real estate courts hear criminal cases. Typical criminal cases that can end up in real estate court include those involving the landlord’s failure to properly maintain a building or home. While simple violations don’t normally warrant a criminal charge, there are instances where an owner willfully neglects to maintain basic safety standards. These violations can harm its tenants or even pose a danger to residents of the wider community. In such cases, local officials can bring a criminal action against the landlord. Cases of poor maintenance can also be resolved as civil lawsuits between tenant and landlord.
Landlord-tenant mediation services can be provided by a housing court. In mediation, disputes between tenants and landlords can be negotiated through the services of a qualified mediator. The mediator may also be authorized by the court to negotiate a legally binding settlement. The benefit of mediation for both landlord and tenant is that they can avoid going before a judge in housing court and having their case registered in public records. This can be especially helpful for tenants who are behind on their rent, as they won’t end up with a judgment or eviction on their credit or tenant selection reports.
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