Landlord-Tenant Dispute Resolution

Renting property can be a great investment. However, becoming a landlord also comes with some challenges, including landlord-tenant disputes that may include disagreements over specific lease terms or a failure to pay rent.

It is always best to attempt the resolution of a dispute with open communications. When that does not work, an experienced Real Estate attorney can help.

Steps Landlords Should Take Regarding Landlord-Tenant Disputes:

1. Take steps to minimize the risk of a landlord-tenant dispute (see below).
2. If a dispute does arise, try to work it out directly with the tenant.
3. If the dispute cannot be resolved, contact an experienced real estate attorney to discuss alternatives (see below).

5 Common Landlord-Tenant Disputes

1. Nonpayment of Rent:
   This is a common landlord-tenant dispute. Examples include the tenant failing to pay the rent, constantly being late on rent, writing bad checks, or refusing to pay rent until repairs are made.
   
2. Security Deposits:
   Most tenants are required to pay a security deposit before renting a property. When the tenant moves out, subject to applicable law, the landlord can sometimes keep all or part of the security deposit to cover certain items like the cost of repairs for damage to the property that the tenant caused. Repairs for wear and tear are not included. An itemization to the tenant for money taken from the security deposit is required.
3. Property Damages:
   Landlords and tenants may not agree on what is considered regular wear and tear on a property and what is considered property damage.
4. Pets:
   Some landlords do not allow pets. A dispute may arise if the tenant has pets despite a lease that prevents them.
5. Tenants Breaking the Lease:
   Most leases include a specific term. Disputes may arise if a tenant leaves before the end of the lease term.

Tips to Minimize the Risk of a Landlord-Tenant Dispute

The best landlord-tenant dispute is the one that never occurs. These disputes cost landlords time and money and can create a lot of stress. It is always best to do whatever you can to minimize the risk of a dispute. Thankfully, there are many steps landlords can take.

• Understand your legal rights and responsibilities.
• Screen your tenants (credit reports, criminal background checks, etc.)
• Have a thorough, well-written lease agreement.
• State your expectations clearly and review the lease with the tenant before they move in.
• Address issues immediately
• Document and keep detailed records regarding any issues with the property or tenant
• Maintain communication

What to Do If a Landlord-Tenant Dispute Cannot be Resolved

Unfortunately, sometimes, a landlord and a tenant cannot resolve a dispute independently and need some outside assistance. An experienced real estate attorney can offer you some options. Sometimes, the attorney can act as a mediator to resolve a dispute between a tenant and a landlord.

Some landlord-tenant disputes have to be resolved in magisterial district court (often referred to as “small claims court”). In Pennsylvania, “small claims cases” are decided by Magisterial District Judges and involve claims of $12,000 or less. Magisterial District Courts offer a more streamlined approach to resolving cases but judgments entered in favor of a party are binding unless appealed to the court of common pleas.

How to Acquire an Experienced Real Estate Attorney

The local real estate attorneys at Bingaman Hess can help mediate and resolve residential and commercial rental property disputes, saving you time and money on litigation. When litigation is required, we will vigorously represent you in court. The best advice is a well-written up-to-date lease agreement, which the real estate attorneys at Bingaman Hess can help you with.

Call our real estate attorneys today at 610.374.8377 or find us online.