Meditation and Dispute Resolution
Landlord-Tenant Disputes

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Legal disputes between landlords and tenants -- actual, perceived and potential -- are a part of doing business. Whether it's a disagreement over repairs, a rent increase, responsibility for damage, or return of a security deposit, disputes are almost inevitable. However, lawyers and litigation should never be the first choice for resolving a landlord-tenant dispute.

Mediation by a trained neutral party is often available at little or no cost through publicly-funded programs

First some tips to avoid having disputes become legal problems:

Talk to each other and keep your communication civil. Most problems -- for example, the landlord's right to enter a tenant's apartment -- can be resolved by talking first, without turning to a lawyer.

Learn your rights and responsibilities under federal, state and local law.

Make sure the terms of your lease or rental agreement are written, clear and unambiguous.

Keep copies of any correspondence and make notes of conversations about any problems. For example, a tenant should ask for repairs in writing and keep a copy. The landlord should keep a copy of the repair request and note when and how the problem was repaired.

Visit your local rental housing association for information and advice.

      If you're unsuccessful at working out an agreement, and become involved in a legal dispute, you may be able to settle it without going to court. Remember, that most cases that go through the legal system are settled before going to trial; so you may as well save a great deal of money, time and trauma by attempting to work out a solution with the help of a mediator--a neutral third-person -- as your first option and often at little or no cost.
       Unlike a judge or an arbitrator, a mediator will not take sides or make decisions, but will help each party evaluate their goals and alternatives in order to find a solution that works for everyone.

      Mediation is particularly valuable when your dispute involves another person with whom you want or need to remain on good terms. This certainly applies to most landlord, tenant or neighbor disagreements.  Lawsuits polarize and ultimately ruin relationships. A huge advantage of mediation is its ability to get a dispute resolved without destroying a relationship

      Mediation and dispute resolution is required in some states, and in a number of counties and municipalities. Where it is required, mediation usually takes place right at the courthouse, with the right to have the case heard by a judge if mediation is unsuccessful. In areas where mediation is recommended but not required, the court will often refer the parties to a community mediation service, located in a more friendly, neutral atmosphere away from the courthouse.

      When you reach an agreement with an opposing party through mediation, you can make it legally binding by writing down your decisions in the form of an enforceable contract. Or, in some areas, you can have your agreement made part of a court judgment.
      In many areas of the country, even non-payment of rent issues can be negotiated and mediated at much lower cost than using the court system.   Once agreement is reached, for example the tenant is able to demonstrate that they will have the money by a certain date, a consent judgment is signed so that a writ for possession can be issued if the terms are not met.

      Another plus of using community dispute resolution is that a number of resources are usually available to help tenants stay in their housing. Social service agencies know the damage that is done to families, particularly children, from being forced to move. Statistical studies of problem teens often show that they felt disconnected from friends and community as a result of instability in their environment. Remaining in the same school and maintaining friendships while growing up seems to help us all become vested in our community.

      Studies show that agreements reached through mediation are more likely to be carried out than those imposed by a judge. When folks go to court, the losing party is almost always angry and often prone to look for ways to violate the letter or spirit of any judgment. In contrast, a number of studies show that people who have freely arrived at their own solutions through mediation are significantly more likely to follow through.

      Local Dispute Resolution Agencies have access to community resources that would not otherwise be available to a tenant in trouble. Perhaps primarily because the funding agency trusts the mediation recommendation that the funds are absolutely necessary and will not be abused.
      There are a number of funding sources that will help tenants with past due rent and utility bills to prevent displacement by eviction. They will also help fund security deposits to assist in securing new housing when necessary.  The agencies often include:

United Way

Salvation Army

St. Vincent DePaul

Neighborhood Ecumenical Groups

Economic Opportunity Committees

Local Center for Human Recourses

Veterans Services

      In many cases FEMA funds (Federal Emergency Management Agency) can be used for housing emergencies as a result of the federal Hill Burton and Stewart B. McKinney Acts. When budgeted FEMA funds are not all used by natural disasters, the Acts require that left over money be funneled into homeless and housing programs. Then local non-profit agencies disperse the federal funds on the basis of need.

      If mediation doesn't work, you can always always pursue other legal remedies. If the dispute involves money, such as return of the security deposit, take the case to small claims court. Michigan law, among others,  requires that in the event of a disagreement over the allocation of security deposits, a landlord must not keep any of the disputed funds without a judgment from a court. The maximum amount you can sue for varies from state to state, but generally small claims is less than $3,500.

      Finally, see a lawyer. But be sure to choose someone who has experience in handling landlord-tenant matters and, if possible, is recommended by someone whose judgment you trust.
      Finding an attorney who works regularly with the issues in dispute may be another reason to contact a rental housing association near you.

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