Disputes are bound to come up in any business relationship. Each tenant and landlord has their own approach to resolving differences, and how well they work varies depending on the issue and the person involved. If severe enough, a dispute may result in some legal action, but that’s an expensive and time-consuming approach you should try to avoid.
What is a Landlord-Tenant Dispute?
Tenant-landlord disputes can arise over many issues, such as a rent increase, failure to pay rent, property damage, noise complaints, or a lease violation.
How is the Dispute Communicated?
Is it in writing, or was it verbal? No matter how you learned about it, document it and send a written response spelling out your understanding of the complaint. Ask to be corrected if you got it wrong.
If a resolution is reached, or you are still in conflict after trying to resolve it, put it in writing. State the problem and how it will be resolved, or state how you propose to address it, that the tenant isn’t satisfied, and why not. You can then state why your approach should be acceptable and the tenant’s solution is not.
If this results in legal action, the higher the quality and the more complete the documentation, the better. We want to narrow the issues and avoid confusion if we go to court. Judges don’t like to explore what’s going on and why. They want both parties to be as clear as possible to make their job easier.
What is the Dispute’s Source?
Often, a dispute is fairly clear-cut, but other times, the reason for the conflict can be hazy. Is the tenant upset at another tenant or you? Is it something you said, did, or failed to do? Is the conflict due to the tenant being irresponsible? You need to get to the “ground truth” of what this is all about before this can be resolved.
You and the tenant may or may not be good at communicating. The two of you may literally speak a different language because one or both of you aren’t native English speakers. If you or your tenant have a ‘take it or leave it’ approach, it’s not good for communication, compromise, or conflict resolution.
Does the Dispute Concern Legal Obligations or Rights?
Is one party failing to meet their contractual obligations as stated in the lease, in a local ordinance, or state law? If so, it’s important enough to address. If not, it’ll be up to you to decide how much work it deserves.
Is this about mold in the apartment, vermin in public areas, the tenant doesn’t like how his neighbor’s cooking smells, or do they think their refrigerator isn’t big enough? If you’re unsure if the conflict concerns one or both parties’ legal rights or obligations, contact us so we can discuss it.
Is This a Reasonable Dispute?
No matter how it started or what the dispute may be, pretend you’re an outsider and try to determine if the dispute makes sense. Is this a bona fide problem, or is one side trying to nickel and dime the other? Is someone splitting hairs?
You or the tenant may be chronic complainers. Some people are into computer games, others like to go fishing. You or the tenant may spend too much time seeking out injustices, real or imagined. Is this conflict unusual, or has it become a regular part of the relationship?
You have to set limits, be willing to communicate and work to keep relationships as positive as possible. But you can’t afford to spend time on a constant treadmill of handling minor disputes and irritations.
This is About Resolving a Conflict, Not Showing Who’s in Charge
Both sides should view an issue from each other’s perspective. The goal is resolving a dispute, not demonstrating power. A landlord has limited power to evict a tenant, and a tenant could delay the process for a long time. Avoid this “nuclear option” if possible.
Meet and Try to Reach a Resolution
There are so many potential conflicts that giving one-size-fits-all advice is difficult, but I’ll try.
Ideally, neither party will see discussing a solution as a win-or-lose proposition. The resolution should be both for each side. Get to the ground truth and propose possible solutions. Your tenant should do the same. Each should be flexible. If the problem is ongoing, try to devise an approach to address it and agree to meet later to see if everyone can live with it.
If there is more than one conflict, address the easiest one to solve and work to put that one behind you. It will help you create some good faith between the parties and momentum toward resolving the rest of the problems. Hopefully, you’ll knock one down after the other, and neither side will want to walk away before everything’s dealt with.
If your tenant comes up with an idea that poses problems for you, turn it on its head. Explain why it’s a problem, and ask the tenant how their goal can be reached but with less negative impact on you. Both of you should want to solve problems while preventing or minimizing new ones.
If All Else Fails…
Orange County offers mediation for landlord-tenant disputes. A mediator is a neutral third party who should guide both sides to resolution. If you can’t work out the issue and the tenant is breaching the lease, you could consider buying the tenant out of their lease, or we should discuss your legal options to try to put it to an end before the situation worsens for you.
We’re Here to Help
If you’re a residential landlord and need help resolving a tenant dispute, call the AWB Law, P.C. team at (949) 244-4207 or complete our online contact form today. We can advise you on protecting your rights and ensuring that your actions comply with applicable laws and city ordinances.
