You don't have to sue your landlord the minute you realize they have violated your tenant rights. In many cases, alternative dispute resolution can help solve tenant-landlord disagreements. Here are a few tips to try before you go to court.
Know What the Law Says
First, educate yourself on what the law says about the issue at hand. You don't want to start a fight with your landlord if they are right and you are wrong. Such a conflict will only waste your resources and sour your relationship with the landlord. Research your state laws, scrutinize your rental agreement, or consult an attorney for clarity on your disagreement.
For example, if you think the landlord has taken too long to return your security deposit, find out what the laws of your state say about the issue. In Idaho, for instance, the landlord has 30 days to return your deposit money. Therefore, the landlord is still within their rights if they have not exceeded this time.
Talk to the Landlord
If you determine that you are right, approach the landlord calmly and try to negotiate with them. A face-to-face meeting is best, but any approach is better than no approach at all. Many people find that a calm and rational decision solves more problems than an aggressive approach.
In some cases, you may both benefit from a compromise even if your allegations are right. For example, if you thought the landlord had delayed with a repair, you may negotiate and allow them a few more days to sort out the issue. In the end, you will avoid a costly dispute.
Focus on the Issue at Hand
If you have an issue with your landlord, don't drag unrelated matters or past disagreements into the current issue. Do your best to stay on topic if you want a solution to the current problem. Don't antagonize the landlord. If you do, they may become difficult and frustrate your efforts.
For example, if you want the landlord to fix the heating system, don't talk about the time they tried to increase the rent or accepted a tenant with a troublesome pet. Stick to the heating issue if you want a fast resolution.
Use a Mediator or an Arbitrator
Despite your best efforts, you cannot guarantee that you will resolve your dispute without third-party involvement. Maybe your landlord is a difficult person or is just unwilling to follow the real estate laws of your state. In such a case, contact a mediator to help you solve the dispute.
A mediator is a neutral third party who guides a negotiation and ensures everyone gets a fair chance to air their views. Law firms, public servants, homeowners associations, and many organizations offer mediation services, sometimes for free.
Instead of a mediator, you can also use an arbitrator to solve your landlord-tenant dispute. Arbitration is more or less like mediation; the main difference is that both the tenant and landlord have to obey the resolution.
Document Everything
From the moment you realize that you have a problem with your landlord, you need to document everything and preserve all paperwork related to the dispute. Get a copy of your rental agreement, keep correspondence with your landlord, and get copies of your rent payments and like transactions.
Such documentation will help you when you have to prove your case. Without documentary evidence, your landlord may go back on their claims or promises and make it difficult for you to prove your claim.
Despite your best efforts, you may fail to resolve your issues with your landlord. If that happens, you have no option but to instigate a civil lawsuit against your landlord. At Hart Law Offices, P.C., we can help you get the legal redress you need.
Contact us
so that we can help you enforce your tenant rights.