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Avoiding Landlord-Tenant Disputes
Disagreements can easily arise over security deposit settlement, rent increases, responsibility for repairs, homeowners association issues, landlord entry of the property and numerous other concerns. With some comprehensive groundwork and a commitment to good communication and record-keeping, a common understanding of the relationship between landlord and tenant can be forged, and legal recourse can almost always be avoided.
It all starts with a thorough yet concise lease agreement, tailored to the particular details of the property and the Federal, state, and local laws that apply. The language should be easily understood and open to little question or interpretation, while firm enough to establish a binding relationship for both parties. Above all, a well-written lease will show the wisdom of experience and will be crafted to definitively address issues that have arisen in past renting experiences.
Active communication is critical. If as a tenant you wish to get a pet or make an alteration to the house, it is far better to communicate your desires and open a channel of negotiation than to ruffle the landlords feathers by presenting him with an unwanted surprise. If as a landlord you seek to raise the rent or need to enter the property to make repairs, give the tenant proper legal notice in advance. You will find that most people are more flexible in spirit and more open to processes that they are actively involved in and aware of. Empowering and enlightening the other party gives them ample opportunity to say Yes.
When disputes do arise, they can often be defused without great incident. One way to avoid spiraling disagreement is to maintain excellent records. Keep copies of all correspondence, bills, requests, and make note of dates and parties with whom you spoke. Detailed accounting of the history of the relationship between landlord and tenant can help to eliminate the dynamic of argumentative posturing and exaggeration. It is human nature to magnify in ones mind ones own interests and grievances while overlooking the interests of the other party. With hard facts in hand, the conversation remains closely tied to reality and takes on less emotional escalation. Peoples feelings may always clash, but facts are facts.
For the best outcomes, be well aware of your rights and obligations under the law. For the most rewarding relationship with your landlord or tenant, communicate in an open, professional, and factual manner. If all else fails, you may seek resolution through the use of a third party arbiter before resorting to legal action.
Janet S. Regan, MPM, RMP
Broker
Horizon Properties
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