As a renter, you need to be ready for potential disputes with a property manager or owner. Even amicable arrangements with fair landlord-tenant agreement forms can turn toxic. In this post, we will show you how to handle these disagreements without risking your tenancy.
When Property Disputes Emerge
There are many situations where you and your landlord or property manager can have a serious disagreement. For example, they might not fix the property’s issues quickly enough. They might even increase the property’s monthly rent with little warning.
If there is a problem of any kind, you need to address it quickly. Letting it fester could irreparably damage the landlord-tenant relationship. This may even mean being the one to bring it up in the first place.
The disputes that emerge here can leave you unsure about your tenancy. For example, you may panic if your landlord plans to evict you in response. However, even genuine lease breaks are fixable, so long as you take the right approach.
Landlord-Tenant Conflict Resolution Techniques
To elaborate, the specific approach you take is everything when it comes to managing a dispute when renting a home. Even the wrong tone in an email could cause a chain reaction that escalates the matter. Luckily, a good grasp of conflict resolution can help you get ahead of any faux pas.
Here are seven tips for easing a renter-manager conflict:
- Practice active listening: In a dispute, it’s common for people to talk past each other. If the landlord/manager has something to say, hear them out.
- Be proactive: Don’t wait to address any conflict. The sooner you discuss everything, the sooner you’ll both hopefully be able to move on.
- Examine the lease: Your rental agreement might already show you’re in the right. Point out this, and the manager/landlord won’t have a case.
- Gather evidence: Take photographs that relate to the dispute. For example, a photo of a cracked wall can show poor property management.
- Follow the chain of command: If there’s a property manager, don’t contact the landlord right away. The manager can escalate the problem if necessary.
- Consider a compromise: It might be impossible to get everything you want out of your dispute. Be prepared to accept a middle ground.
- Seek extra guidance: If you’re still uncertain about the dispute, contact a housing rights organization. They’ll offer support in any rental situation.
The Three Types of Escalation
If you can’t come to an agreement, sometimes, escalation is the only way forward. You’ll have to present your side of the argument to a third party who might have the final say. Even with a solid case, there’s no guarantee it’ll go your way.
Here are the three main ways you can escalate a dispute:
1. Mediation
In mediation, a third party will help you and the owner/manager negotiate a fair resolution. As an informal resolution method, the result is non-binding but often better preserves a tenant-landlord dynamic.
2. Arbitration
Here, an arbitrator listens to each side and reaches a verdict. However, these are usually legally binding. If arbitration rules in favor of the manager, you likely won’t be able to appeal.
3. Litigation
In extreme situations, you can take your case to court. You’ll present evidence in front of a judge and possibly a jury. However, this is expensive and can destroy the tenant-landlord relationship.
The Importance of Clear Communication
Communication is key in any dispute. Talking it out could solve nearly any problem, especially if you’re open to a compromise. However, you’ll have to be careful with your tone and clarity. Even a small miscommunication could just make things worse.
Ideally, you should keep your correspondence online. In-person comments will be a lot harder to verify. As with negotiating a contract, you’ll need everything in writing. This also helps both sides stay level-headed. Frustrations and tempers can easily flare up in a “live” discussion.
If you and your landlord/manager don’t understand each other, you can’t reach an agreement. It is vital that you work to communicate your grievances or, alternatively, listen to theirs.
Should You Withhold Rent?
This is a common question in nearly any tenancy dispute. After all, it puts pressure on owners to understand your side of things. However, you may only withhold rent in certain situations, such as if the property is uninhabitable.
Simply refusing to pay rent due to a small-scale dispute can be grounds for eviction. Though it’s effective in the right context, you cannot risk your tenancy like this.
You should only withhold rent as a last resort, even if you’re in the clear. You should also provide the landlord or manager with written notice of your intent beforehand.
Final Thoughts
With careful planning, you can easily navigate a property dispute. However, you might still need to escalate the situation. If this is the case, stay open to compromise and prepare to accept the third party’s judgment.