Tenant Disputes – Common Tenant Disputes Explained
Almost every tenant will come into some sort of disagreement or conflict with their landlord at some point in their lives, especially if they are tenants for several years. This article will discuss a few of those common tenant disputes. Tenants can use the passage on tenant disputes below to understand what they have to do if these tenant disputes pop up in their own renting situations. When approached properly, most tenant disputes can easily be settled without having to get into heated arguments or without having to go through a lengthy, drawn out battle in small claims court.
Repairs – tenant disputes- Tenant disputes almost always seem to revolve around the issue of repairs. When it comes to tenant disputes about repairs, it is usually the tenant who begins the dispute by complaining that the landlord has not carried out repairs. In these tenant disputes, the tenant might start withholding rent while some tenants will carry out their own repairs and then seek reimbursements from the landlords. The landlords will then typically play hardball by stating that the tenants never informed them about the need for repairs. So, to be on the safer side when it comes to tenant disputes about repairs, tenants are always advised to submit a written request for repairs and also retain a copy of this written request. Having a copy of their request for repairs will help them tremendously in tenant disputes as landlords will not be able to get off easily. Also, when it comes to tenant disputes about repairs, tenants will be advised to check the possibility of withholding rent as withholding rent can sometimes get them into a lot of trouble. Some state laws will allow tenants to withhold rent payments while some states will require the tenant to continue to make rent payments in escrow. Tenants will have to follow the procedure set forth by the state if they want to come out of the winning end of these tenant disputes about repairs and rent withholding. Withholding rent will sometimes be considered as a clear violation of the lease and a judge may rule in favor of the landlord even if the tenant has a valid reason to withhold rent.
Privacy – tenant disputes – Another common set of tenant disputes occur when the landlord unnecessarily intrudes on the privacy of the tenants. However, these tenant disputes should clearly be avoidable as the tenancy law in all states will require landlords to provide tenants with a notice of entry before they enter an apartment. Landlords can only enter an apartment without notice when there is an emergency such as a fire. So, tenant disputes about invasion of privacy can clearly be won by the tenants when the landlord has not provided notice of entry.
Evictions – tenant disputes – According to federal law and the tenancy laws in all 50 states in the U.S., only a court may issue a formal eviction notice to the tenant, regardless of the tenant’s faults or breaches of a rental contract. So, a dispute about an illegal eviction can be easily won by the tenant if the landlord has attempted an eviction without approaching the courts. If the eviction case goes to court, the judge will use the evidence available to him or her to decide on the outcome of the eviction case. In other words, only the court and a judge can legally decide on an outcome of a dispute about eviction.