Landlord Tenant Disputes – Common Reasons for Landlord Tenant Disputes
Though there can possibly be a hundred different types of landlord tenant disputes that can take place, it is always the same set of landlord tenant disputes that often go to court. This article will try to explain the reasons behind the origin of these very common landlord tenant disputes. Knowing the reason behind these landlord tenant disputes will hopefully allow both tenants and landlords to completely avoid such landlord tenant disputes in the first place.
Illegal evictions – landlord tenant disputes – The landlord tenant disputes about evictions are the ugliest of rental disputes. In most cases, a landlord would have carried out an act of retaliation against a tenant who might have not paid rent or who might have broken the terms of a lease. Even if a tenant has not paid rent or has broken the terms of a lease, a landlord is expected to seek an eviction process in court. Instead, if the landlord merely locks the tenant out of their apartment, it will most probably result in landlord tenant disputes that are initiated by the tenant. Landlord tenant disputes filed by a tenant who has been a victim of an illegal eviction will usually allow the tenant to win the case and be entitled to damages connected with the illegal eviction, which can be an amount that is 3 times the monthly rent. Though the eviction system is quite biased and in favor of the tenant, landlords have to understand that they have to go through the courts if they want to avoid ugly landlord tenant disputes in relation to illegal evictions.
Repairs – landlord tenant disputes – Repairs are very frequently disputed in a rental contact. As a general rule of thumb, tenants can assume that the landlord is responsible for repairs only if the repairs are caused by general wear and tear and that landlords are not responsible for repairs that are caused by the actions of the tenant. Tenants should always use this general rule of thumb when they are thinking about beginning landlord tenant disputes about repairs that might be needed in their apartment. Also, several landlord tenant disputes arise out of miscommunication about the repairs that are required in an apartment. Tenants will claim that they orally informed the landlord about the need for repairs while landlords will try to shirk their responsibility to carry out repairs by stating that the tenant did not submit a written request for repairs. When landlord tenant disputes in regards to repairs are heard by a small claims court, the courts will always seek a written letter of request for repairs from the tenant. If the tenant is unable to provide this letter, the landlord tenant disputes will almost always be won by the landlord.
Increase in rent – landlord tenant disputes- Many tenants are completely unaware of the law that rent can only be increased with prior notice. Also, most states in the U.S. will require landlords to wait until the end of the lease before they can increase rent. Some states will allow landlords to increase rent during the course of a lease although the lease will have to contain terms and clauses that describe the option for such potential increases in rent during the course of a lease term.