Solving Tenant and Landlord Issues

Since all people have their own opinions, there will always be disagreements.  Because we are unique, no two of us think alike.  In the world of renting, this can cause problems.  In a world filled with introverts and extroverts, issues always arise.  These issues need to be resolved in a civilized manner.  In the world of rent, issues may be so blown out of proportion that it may seem as if they can never be resolved to the satisfaction of both parties.  In this article, we will discuss the issues facing both landlords and tenants, and ways to resolve these issues without litigation, if at all possible.

Facing the Issue
The best starting point in any landlord/tenant situation is to know your rights before you try any kind of problem solving.  It makes little sense to go to your landlord with a problem when your rental agreement or lease specifies that you must take care of the situation.  Knowledge is the biggest weapon in negotiations.  You’ll waste a lot of time if you go into negotiations with your landlord and end up saying “I didn’t know that!”  Be informed, and know what you are talking about.  Never approach your landlord or tenant if angry.  This solves nothing, outside of creating hostility.  Before lodging a complaint, read through any documentation you have.  It is also wise to research different case studies on the internet through many of the help sites such as RentLaw.com.  Know your rights, and then proceed.

The Complaint Letter
It is always best to do everything in writing.  This provides a paper trail that can be useful if the dispute goes to court.  Here’s what a complaint letter should contain:

• A clear and concise description of the problem
• A timetable of attempts to resolve the issue
• A concise, clear statement requesting the issue be resolved with a clear course of action
• A time frame in which the issue should be resolved
• A specific statement of action to be taken if not resolved via the time frame.

Always be sure to give a full name, address, phone number and signature along with the current date.  Keep a copy for your records.  When sending the letter, get a certificate of mailing.  This protects you better than a registered letter, because a landlord/tenant may refuse to sign for the letter if sent by certified mail.  There will be no record on file at the post office if the recipient refuses to sign.  A certificate of mailing proves that you have requested action, and a copy stapled to the letter you retain is to your best benefit.

If All Else Fails
If you have made every effort to resolve the issue, and it appears it will not be resolved, its time to seek advice from an attorney.  Other resources are consumer advocates and paralegals.  An attorney can represent you in court if needed, and you will be sure of your rights. If you must litigate, these problems can usually be resolved in small claims court.

Using Small Claims Court
This really should be your last course of action.  Going to court adds expenses, but if it can only be resolved this way, then it is what you need to do.  Often a tenant uses SCC to resolve the issue of a security deposit not being returned.  The tenant feels that the money withheld from the security deposit is exorbitant, while the landlord may feel that the security deposit does not amount to enough to cover perceived damages.  SCC will hear cases that are valued at $3,000.00 or less.  If the amount is higher, then you must go to Civil Court.  Civil Court must also be used if the case concerns damaged personal property or involves alleged negligence.

Preparing For Court
Court proceedings will start after you have made every effort to negotiate with the other part, such as filing the complaint letter.  If the letter is not answered within 10 days, then proceed with legal alternatives.  A complaint form is filled out with the correct name and address of concerned parties.  A filing fee is charged.  A court order is then issued to the defendant requiring him or her to appear.  Trial date will be set 10 to 40 days after filing.  Frequently, the defendant will file a counter-claim.  Counter-claims must be filed and served at least 72 hours before the court date.  Judgment will be made within 5 days following your trial.

Resolving tenant/landlord issues is only as hard as you make it.  Follow these guidelines to ensure that it goes smoothly for you.