Landlords and tenants have a business relationship. Like all relationships, sometimes they hit rough patches or break down. Who has a right to do what depends on the lease or rent agreement’s language and landlord and tenant and contract laws. But just because legal rights are at play doesn’t mean disagreements must be resolved in a courtroom.
Litigation is a terrible but sometimes necessary way to resolve differences. It takes a long time, emotions get raw, you use up energy you could spend on your personal life or property business, and it’s expensive. Depending on the facts and law, a trial is a roll of the dice. You’re giving control of the outcome to a judge or jury you don’t know, and there are no guarantees the decision will go your way.
If you’re engaged in a tenant dispute, AWB Law, PC can help. We have several years of experience in handling landlord-tenant law matters. He knows the strengths and weaknesses of your position and can use negotiation, mediation, arbitration, or litigation to protect your interests. If you have questions or concerns about a conflict with your tenant or want to discuss legal representation, call AWB Law, PC at (949) 244-4207 today.
Few landlord-tenant disputes are resolved at trial, so it’s best to avoid going down that path.
- Negotiation
Negotiation involves direct or indirect (through attorneys) communication between parties with opposing interests who discuss joint action to manage or resolve the dispute.
You can look at the issue and negotiate competitively. The more you get, the less the tenant receives, and if you get your way, you win. You can also look at the disagreement cooperatively. You work together to jointly solve an issue standing in the way of both of you.
Unless the facts and law are overwhelmingly in your favor or the tenant’s being unreasonable, it’s best to take a collaborative approach if negotiating. When resolving an issue together, usually, each side needs a win and to accept a loss. It’s a give-and-take. If you’re demanding that the tenant capitulate and that you get everything your way, you’re not negotiating. You’re the one being unreasonable.
- Mediation
Mediation uses a neutral third party to help you and your tenant end your differences. You can think of it as guided or structured negotiation. What’s said in mediation can’t be used in future litigation, so the parties should be free to discuss their situation and their goals.
Mediation should focus on the needs of the parties, not their positions. The mediator may suggest a solution or leave that up to the parties. There may be other issues in the background that could lead to a successful mediation.
You may feel the tenant breached one part of the lease, but they think you breached another. You want to evict the tenant, and they may be willing to leave and forgo litigation if you forgive unpaid rent and pay some moving expenses. One party is flexible on one issue, while the other reciprocates.
Mediators are usually attorneys or retired judges. One or both parties pay for their time. The lease should include how and when mediation is used and who pays for it.
- Arbitration
Arbitration is like a private trial. Instead of going to a court, you go to a big conference room. There’s no judge but an arbitrator (or a panel of arbitrators) who acts as a judge. The rules regarding witnesses, submitting evidence, and arguing your position are generally the same.
But arbitration, unlike a trial, isn’t open to the public, and some of the processes are simpler and proceed faster. In exchange for all these benefits, you don’t have all the legal rights that come with a trial (including the fact it’s nearly impossible to appeal an arbitration decision), and one or both parties must pay for the arbitrator’s time. The parties usually nominate arbitrators they’d like to use and jointly decide who will hear the case.
Like mediation, an arbitrator is usually an attorney or a retired judge. Often the parties may proceed with the arbitration. Based on the admitted evidence and how an arbitrator rules on motions, the parties may ask the proceedings to pause to negotiate a settlement. Sometimes, an arbitrator may also act as a mediator in these situations.
The circumstances that can lead to arbitration and who pays for it should be discussed in the lease.
Why You Should Hire AWB Law, PC to Help Resolve Tenant Disputes
Over the years, AWB Law has handled hundreds of landlord-tenant issues and worked out settlements for many of them. They’ve represented clients in negotiations, mediation, and arbitration. AWB Law, PC knows which mediators and arbitrators are worth the cost. They also know what negotiation strategies would be best for your situation.
You could try to do all this yourself, but representing yourself in a tenant dispute, given the complexity of landlord-tenant law, can be a very expensive “learn by doing” exercise. Your business also needs time and energy that you could exhaust trying to deal with these matters.
If you hire AWB Law, PC, not only will you be able to focus on more pressing matters, but you could get better outcomes that, in the long run, save you money and or boost your business’ income.
If you’re a residential landlord with questions about evictions or wrongful eviction actions, or you need legal representation, call our team at AWB LAW, PC at (949) 244-4207 or complete our online contact form today.
