Real Estate, both residential and commercial, can be rented by a property owner to a tenant pursuant to an agreement between the owner, as landlord, and the tenant. Often this agreement is commemorated in a written Lease Agreement that defines the duties and obligations of both the landlord and the tenant.

Even absent a Lease Agreement, both parties must abide by certain laws, rules, and ordinances. Disputes between landlord and tenant often take place when the basic principles of a lease agreement are broken, which can lead to litigation, including eviction proceedings.  Common issues include nonpayment of rent, security deposits, property damage, maintenance and repair, and fair housing laws at both state and federal level.

Lease Agreements

A Lease Agreement is a crucial document that defines the expectations and obligations of both parties-the landlord and the tenant. A well drafted lease can help avoid disputes and ensure both parties understand their respective roles. Common lease provisions include:

• Description of the rental property
• Length of the lease
• Amount and due date of rent
• Late fees
• Rules for pets
• Parameters for when landlord may enter the property
• Repairs and maintenance
• Utilities - (Who is responsible for payment?)
• Security deposit amount

Security Deposit

The very core core of the landlord-tenant relationship is payment by tenant to landlord for use of the property. A security deposit is an initial payment at the start of the tenancy, which is held by the landlord throughout the term of the lease. It must be returned to the tenant at the end of the lease term, less any damages caused by the tenant. Damages typically do not include normal wear and tear, but rather significant damage. A landlord can also hold on to the security deposit if there are unpaid rent or utilities.

A best practice for both landlord and tenant would be to document the property with photographs to prove the state of condition of the rental property before the lease begins.

Evictions

The most common reasons for an eviction of a tenant is the failure to pay rent, damage to the property, or consistent violations of the lease agreement. The eviction process is complicated and must provide the tenant with written notice prior to commencing the action, and an opportunity to be heard. A typical eviction proceeding is lengthy and time consuming and involves the following steps: 

1. Serve tenants with notice of breach of lease:  must be in writing, allow the tenant time to cure, or fix the problem, often meaning pay the rent due
2. File In Court - if not fixed during the cure period, a petition is filed with the Court and served on the tenant
3. The Hearing -  an appearance in Court wherein both parties may request relief and explain the facts and circumstances of the matter to a judge. Helpful documentation includes:
   ‍
   • Lease agreement
   • Payment records
   • Before and after damage
   • Eviction notice copies
   • Any other evidence of lease violation
   ‍
4. Judgment - only after the Court issues a decision may the tenant be removed from the property and the collection of any rental arrears and damages be made

Rights and Repairs

When basic utilities such as heat and plumbing aren’t working properly, it is frustrating for both landlords and tenants. The tenant has the right to maintain a habitable living environment, and the landlord is legally obligated to ensure these utilities, including heat, water, and electricity are in good working order, regardless of the lease agreement.  

Disputes often take place when landlords do not timely repair issues with the property, or refuse to make the repairs altogether. Proving some that the repairs are a potential threat to your health and safety are typical ways that tenants can convince their landlord to help with more minor repairs.

Legal Help

A damaged relationship between a landlord and tenant will require legal assistance to ensure your side of the story is heard. For help with your real estate dispute, schedule a consultation with us today!