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In some cases, landlord tenant disputes are unavoidable, but that doesn’t mean that they should be a normal part of continued operation of a rental property. Too many issues that arise between the two parties to a lease or rental agreement are avoidable conflicts that resulted from a misunderstanding. When elements of a lease or rental agreement are not clarified, it leaves a lot of open potential for resulting problems during the term of the agreement. Tenants or landlords can misread vague language or take liberties with a property when rules are not clearly established for both sides. Here are some ways to make sure that this does not happen when you are party to a legal rental agreement.
Know About the Security Deposit
Security deposits are a huge source of conflict between landlords and tenants. This is partly because of the nature of the deposit. It’s a lot of the tenant’s money, usually one month’s rent or more, that gets held by the landlord until moving time. One problem is that security deposits are not supposed to be held for “normal wear and tear” on a property, and both parties might have their own definitions of what this means. Another problem is that, in some circles, it has become conventional practice to keep the entire security deposit regardless of conditions in the rental unit. Talk this issue through and do an initial walk-through to agree on what damages will and won’t be paid for with the security deposit.
Establish Terms for Late Payments and Other Charges
Another type of conflict may arise when a tenant gets a rent bill padded with late payments that weren’t discussed before-hand. No one likes to pay extra for simply living in a property. It helps to go over these rules when the tenant is moving in.
Talk About Property Improvements
Some other issues between landlords and tenants have to do with improving the property. It may be a small thing, like replacing door molding, or something larger, like painting or renovating an area of the property or housing unit. In most cases, a tenant should know that they do not have the right to change or modify a property, and should ask first, but if there’s any potential for fix-up disputes, this is another good conversation to have early.
Own Up to Damages
This principle holds true for both sides. The tenant should be able to be responsible for specific damages that were caused by his or her negligence or specific harmful actions to the building. On the other hand, the landlord should promptly own up to any other damage not caused by the tenant, and be willing to fix elements of normal wear and tear.
Practice Good Matchmaking at the Outset
When a landlord is screening for tenants, this can provide a way to limit some types of rental conflict. Beware of promoting a housing unit to tenants who seem not to be able to afford the space, as this is almost certain to lead to problems later, when they simply don’t have the rent specified in the agreement.
All of the above can help landlords and tenants navigate some of the tricky issues that often end up going through the court system, or through arbitration.
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