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.

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.

Before using the Courts, try an arbitrator or a mediator .

Mediation is particularly valuable when your dispute involves another person with whom you want or need to remain on good terms.

Mediation and dispute resolution is required in some states, and in a number of counties and municipalities.

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.

Studies show that agreements reached through mediation are more likely to be carried out than those imposed by a judge.

Local Dispute Resolution Agencies have access to community resources that would not otherwise be available to a tenant in trouble.

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.

 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 .

Finally, see a lawyer , b ut be sure to choose someone who has experience in handling landlord-tenant matters and, if possible, is recommended by someone whose judgment you trust.

The above topics are discussed in much more depth
on our members' Mediation & Dispute Resolution page.

Non-Members' Homepage