Common Landlord-Tenant Disputes and How To Avoid Them

Landlord‑tenant disputes often arise from lease disagreements, repair concerns, or disagreements over rent and security deposits. Property owners and renters can avoid most issues by reviewing the lease carefully, communicating early, and keeping written records of notices and repairs. Still, conflicts may arise. When this happens, options like mediation, rent abatement, or small claims court can help both sides reach a resolution.

Keep reading to learn more. If you’re stuck in a dispute with a renter or landlord, you have options. Consider consulting a local landlord-tenant attorney for targeted legal guidance. They can review your situation, advocate on your behalf, and help assert legal protections in your state and city.

Reference Your Lease Agreement in a Dispute

The starting place for resolving a landlord-tenant dispute is the lease agreement. Do not rely on an oral agreement, whether you are the landlord or the tenant. Memories are fallible, so always use a written agreement. The parties should turn to the lease to support their positions in a dispute.

Remember, lease agreements are a contract between two or more parties and are legally binding. This means you agree to follow all the terms when signing a lease. If the dispute goes to court, the court will rely on the agreement in deciding the case.

Common Landlord-Tenant Disputes

A few areas for common landlord-tenant disputes include the following:

• Housing discrimination
• Termination of tenancy
• Security deposits
• Maintenance

Housing Discrimination

Housing Discrimination exists when a landlord or real estate agent refuses to rent to, show, or process an application based on an arbitrary characteristic such as race or gender. At the federal level, the Fair Housing Act prohibits discrimination in the sale, rental, or financing of housing based on the following:

• Race
• Religion
• National Origin
• Gender
• Disability

Housing discrimination against a person with a disability, for example, includes refusing reasonable modifications for a disabled person’s accessibility.

Termination of Tenancy

Eviction is one type of termination of tenancy. It involves removing the tenant from the rental unit.

Common disputes leading to eviction include the following:

• Nonpayment of rent
• Property destruction
• Criminal activity on the rental property

Landlords must follow local laws and ordinances when evicting a tenant. Landlords are not entitled to self-help. They must follow due process in eviction proceedings. Self-help includes changing the locks or removing the tenant’s personal property from the rental unit.

Eviction Proceedings

The first step in the eviction proceeding is giving the tenant written notice explaining the breach that needs correcting. If the tenant does not respond in a reasonable amount of time, the landlord may pursue formal court eviction proceedings.

If the landlord wins the eviction case, the tenant will have a few days to vacate the rental unit. A court may impose attorney’s fees on the losing side, so it is vital to understand and follow your lease agreement.

An unlawful eviction can tarnish your business reputation and expose you to serious legal issues. Eviction is a legal process that varies by state, and even city. Protect your interests and make sure to get it right. Find local legal help.

Unlawful detainer

An alternative to an eviction is an unlawful detainer. An unlawful detainer follows the same steps as an eviction and is often applied to a hold-over tenant after a foreclosure on the property. The landlord files a petition with the court, the tenant must respond, and many cases proceed to a jury trial. It’s a quick way to resolve an eviction dispute.

Security Deposit

Security deposits are another common source of landlord-tenant disputes. Before move-in, tenants often pay a security deposit to cover nonpayment of rent or property damage. In most states, the landlord must return the deposit within 30 days after move-out.

When returning the security deposit, the landlord must provide the former tenant with an itemized list of deductions, and the tenant must provide the landlord with a forwarding address to send the deposit.

Maintenance and Repairs

Landlords or their property management company are responsible for maintenance and necessary repairs in a rental unit and the common areas. Under the “implied warranty of habitability,” they must follow local housing codes and make essential repairs.

Your lease agreement should include specific language outlining the landlord’s maintenance obligations. In most cases, the landlord will include a number to call for maintenance repairs. Tenants should give the landlord a reasonable time to make the repairs.

Rent Abatement

If a landlord refuses to repair, the tenant can pay for the repair and deduct the cost from the rent, but check your lease agreement for special rules on rent abatement. In some leases, rent abatement may not be allowed.

If allowed, the tenant places the rent money into an escrow account in case the landlord sues for nonpayment of rent. The tenant can then show the court that the money was set aside for the repairs.

Avoiding Disputes

The best way to resolve landlord-tenant disputes is to avoid them altogether. Disagreements or misunderstandings are best handled outside of court. For instance, tenants should study their lease agreement and understand their rights and responsibilities.

If a problem arises, talk to the other party immediately. Keep hard copies of notes and correspondence related to the issues.

Small Claims Court

Small claims court should be the last resort for resolving disputes. Many small claims courts handle cases below a specific amount. For instance, small claims court often handles disputes over unpaid rent or security deposits.

Caught in a Landlord-Tenant Dispute? Get Legal Advice

Landlord-tenant law is complex. A qualified landlord-tenant lawyer can review your situation and state laws to address the conflict in a matter that protects your interests and rights. State, local, and federal laws provide protections (like the implied warranty of habitability), and a lawyer can help you understand how these protections apply to your conflict.

FindLaw’s directory of landlord-tenant lawyers can get you started. Enter your city or ZIP code for a list of legal professionals in your area. Because state and local laws are relevant, your attorney should be licensed in the state where the property is located. Your search results will also show important details about prospective attorneys, like ratings, languages spoken, and whether they offer free consultations.