Landlord-Tenant Disputes: FAQ

Disputes are common in all relationships, including the landlord-tenant relationship. Since most landlord-tenant relationships last at least a year, landlords and renters should prepare for possible conflicts. They should understand the nature of and potential remedies for landlord-tenant disputes.

This article answers some frequently asked questions about landlord-tenant disputes. For legal answers tailored to your situation, contact a landlord-tenant attorney in your area. 

What Are Some Common Issues Landlords Have With Renters?

Landlord-tenant disputes often stem from violations of a lease or rental agreement. These written agreements form the foundation of the landlord-tenant relationship. A lease agreement is also a legally enforceable contract. They also guide each party’s rights and responsibilities.

Common disputes include, but are not limited to:

• Habitability: Does the rental property substantially comply with local housing codes?
• Accessibility: Does the tenant have access to common areas of the rental property?
• Occupancy: Does the tenant comply with the rules of occupancy?
• Right of quiet enjoyment: Does the landlord respect the tenant’s privacy?
• Necessary repairs: Who is responsible for these repairs, and are they completed in a reasonable time?
• Housing discrimination: Did the landlord discriminate based on a protected characteristic?
• Nonpayment of rent: Does the tenant pay rent on the due date?

Who Should I Contact First if I Have an Issue?

Before contacting landlord-tenant lawyers or the local housing authority, landlords and tenants should try to resolve the issue themselves. Lawyers and small claims court should be the last resort for many concerns.

What Are the Steps to Resolve a Landlord-Tenant Dispute?

Step One: The first step in remedying any dispute is checking the lease agreement. The terms of the lease should outline each party’s responsibility. For example, tenants are often responsible for minor repairs, such as replacing a broken lightbulb.

Step Two: Give the other party proper notice. If a tenant is not paying rent, landlords should give the tenant an opportunity to pay outstanding rent before starting eviction proceedings. A notice should inform the tenant that they face eviction if they do not pay all overdue rent.

Step Three: Give the other party reasonable time to remedy the issue. Reasonableness in this context depends on the underlying issue. For example, if the rental unit doesn’t have hot water in winter, waiting 30 days is unreasonable.

What Legal Remedies Are There for Landlord-Tenant Disputes?

If, after taking steps to remedy the issue, the responsible party does not fix it, either party can consider more serious options.

Repair and Deduct

For necessary repairs, tenants in some states can make the repairs themselves and deduct the cost from their monthly rent. Tenants should only exercise this option after the landlord or property management has been given notice and failed to repair the issue.

File a Complaint

Housing discrimination is illegal under fair housing laws. Tenants who experience housing discrimination can file a complaint with their local or state fair housing agency.

They may also file a complaint with the U.S. Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity.

If you feel your landlord or property manager has discriminated against you, you have options. A landlord-tenant attorney can review the situation, determine whether it qualifies as a discrimination violation under the law, and advocate for your rights. Find local legal help.

Small Claims Court

This should be a last resort. But it is still a viable option if you’ve exhausted other options. You don’t need an attorney to sue in small claims court. But having legal help on your side can make the situation less stressful and increase your chances of a favorable outcome.

How Can I Avoid Landlord-Tenant Disputes?

Although disputes are common during a tenancy, there are steps residential landlords and renters can take to avoid serious conflicts:

• Review the rental agreement’s lease terms and understand your legal rights and responsibilities.
• If there is a problem, notify the other party immediately.
• Make hard copies and notes of all correspondence about any problems with the property.

What Is Mediation?

Mediation is a form of alternative dispute resolution (ADR). It is an alternative to litigation that works well for some situations. In mediation, a mediator works with both parties to reach an agreement. It is a cost-effective way to resolve landlord-tenant disputes.

Litigation is often time-consuming and costly, with attorneys’ fees and court costs. Mediation services are often available for little to no cost through various programs.

Although mediators are sometimes mistaken for judges, they cannot bind either party to an agreement. The mediator’s job is to facilitate communication between a landlord and tenant.

Can I Resolve Landlord-Tenant Disputes in Court?

Small claims court is often the last resort to resolve landlord-tenant disputes. Small claims courts hear limited cases involving money, such as unpaid rent or an unreturned security deposit.

Small claims court is less formal than a traditional civil court. The parties often represent themselves. Like other civil cases, both parties may offer evidence to support their position. The court uses this evidence and testimony in making a decision.

How Can I Find an Attorney for a Landlord-Renter Dispute?

Landlord-tenant issues are often challenging. If you are trying to resolve a dispute, consider seeking legal advice from a qualified landlord-tenant attorney. Landlord-tenant attorneys are experts in landlord-tenant law, including tenant rights. They can offer you sound advice and help safeguard your rights and interests.

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.