Landlord Tenant Relationship – Common Areas of Disputes
There are several landlord tenant disputes that can come up in a rental contract. A rental contract is just like any other business contract in the sense that one party can fail to perform their obligations, resulting in the filing of a dispute or civil lawsuit. The passage below will discuss some of these landlord tenant disputes that are being faced in rental properties across America on an everyday basis. The reader has to understand that most landlord tenant disputes are those that could have been easily avoided with some prior knowledge about the rights and responsibilities of tenants and landlords.
Discrimination disputes – landlord tenant – Sometimes, a landlord tenant dispute can start even before a lease is signed. This happens when a landlord denies a rental application simply because they do not like the color or the sexual orientation of the applicant. However, these landlord tenant disputes should never come about in the first place as it is illegal for landlords to discriminate against potential tenants in any manner.
Late fees disputes – landlord tenant – If a landlord wishes to collect late fees for a late rent payment, he or she can only do so if there is a clause in the lease that mentions the particulars about a late fee collection. Most landlord tenant disputes arise because the landlord might vaguely charge a late fee while there is no such clause in the lease agreement. Usually, tenants win these landlord tenant disputes about late fees as there are many state laws that will require landlords to provide a grace period before trying to collect a late fee.
Repair disputes – landlord tenant – At all times, a landlord will be required to keep an apartment in a habitable condition. This will mean that maintenance repairs will have to be periodically carried out as and when they are reported by the tenant. In some cases, landlords will neglect repairs for unreasonable times and the tenant will file a landlord tenant dispute about the repair. These landlord tenant disputes are usually witness to a scene where the tenant has refused to pay rent or has only paid part of the rent. Different states have different remedial measures to settle such landlord tenant disputes. Some states will allow tenants to break a lease while some states will legally allow tenants to pay a certain reduced amount of rent until the repairs are carried out. Tenants requesting repairs are advised to submit their requests in writing and also retain a copy of their requests as many landlord tenant disputes about repairs will require the tenants to prove that they notified the landlords about the repairs in a timely manner. Many landlords will simply state that they were never notified about the repairs by the tenants and it will be difficult for a court of law to accept the tenant’s word of mouth when it comes to resolving a landlord tenant dispute about repairs in a rental property.
Evictions – landlord tenant – Lastly, landlord tenant disputes can also occur out of illegal evictions. According to state laws in the whole of America, a tenant can only be forcibly removed from a property after the landlord has obtained a notice of eviction from the court. It is illegal for landlords to attempt to remove tenants without a court eviction notice and tenants may file landlord tenant disputes if they are evicted without a due court process.