
Saturday, September 6
Real Estate
FAQs
How
can landlords and tenants avoid disputes?
Legal
disputes - actual and potential - come in all shapes and sizes
for landlords and tenants. Whether it's a disagreement over a
rent increase, responsibility for repairs or 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:
We've
talked about the problem and still don't agree. What should we do
next?
If you can't work out an agreement on your own, but want to continue
the rental relationship, consider mediation by a neutral, third
party. 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.
If
mediation doesn't work, is there a last step before going to a lawyer?
If you decide not to mediate your dispute, or mediation fails, it's
time to pursue other legal remedies. If the disagreement involves
money, such as return of the security deposit, you can take the
case to small claims court. A few states use different names for
this type of court (such as "Landlord-Tenant Court"),
but traditionally the purpose has been the same: to provide a speedy,
inexpensive resolution of disputes that involve relatively small
amounts of money.
Keep in mind that your remedy in small claims court may be limited
to an award of money damages. The maximum amount you can sue for
varies from ,000 to ,500, depending on your state.
Everybody's
Guide to Small Claims Court (National and California Editions),
by Ralph Warner (Nolo), provides useful information on landlord-tenant
disputes that end up in small claims court. The book explains how
to evaluate your case, prepare for court and convince a judge you're
right.
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