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Remedies for Landlords when a Dispute with a Tenant Arises

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Real Estate Law Landlords - Anderson LeBlanc Attorneys

Remedies for Landlords when a Dispute with a Tenant Arises

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Story By HG.org

Residential complications often occur when a tenant has a dispute about something. This may be maintenance, the lease terms, parking, utilities or similar matters. However, there are certain remedies available to landlords if disagreements occur depending on the factors of the issue.

Other problems may occur when there are rental promises that may be broken, noise pollution, difficulties with repairs and financial deductions or errors. If the renter is still in his or her unit, this may also affect what type of remedy is possible for the situation. If the circumstances include abandonment over the tenant remaining on the premises, the resolution may change.

Some possible resolutions for tenant disputes are affected by any notice provided to the renter or the landlord for a broken lease, a transfer to another unit and similar factors. If the state or location requires it, the landlord is required to provide a certain amount of days for the problem to be corrected. If there are no solutions to the issue at hand, there are specific procedures to follow for evicting the renter. If the conflict involves a minor matter, something as simple as a warning may suffice as a fix. If a negotiation is possible, this is better than heading to court over the matter in most instances. However, if rent has not been paid, and the tenant has not made any arrangements to do so, it may be best to contact a real estate lawyer and start an eviction or legal process.

Compliance with Laws

Many disputes between landlords and tenants may be reduced or eliminated through compliance with state and local laws that apply to lease and rental agreements. Certain local regulations may apply to the rental property and require various actions to take place based on the situation. This could mean only specific procedures are permitted by the landlord to follow based on the state in which he or she owns property. Universally, there are limits on eviction notices and processes depending on nonpayment or remedies the landlord takes on his or her own in order to remove the tenant. Obtaining the assistance of a lawyer that understands landlord-tenant laws is imperative to ensure the eviction is valid and enforceable when necessary.

Steps Towards Eviction

The primary remedy to resolving disputes with a tenant is through eviction. While many states have lenient regulations that provide more power and opportunity for a landlord to ensure the renters are evicted with only little notice, other states have very strict stipulations that prohibit many actions.

Monthly leases are often the easiest to terminate through a seven, 10 or 30-day notice provided based on what is required by the local or state laws. Other terms that expire after a more prolonged period or have a fixed term do not provide any possibility of evicting the tenant unless he or she has violated the lease agreement through nonpayment of rent or damage to the unit.

When the dispute occurs, the definitive remedy is an eviction. However, it is important to ensure the process is started through valid legal procedures such as sending notice and ending a lease at the correct period. It is most beneficial to landlords to hire a real estate or contracts lawyer to ensure the eviction notices are valid, enforceable and legal. Some landlords are unable to remove tenants when they have violated the lease or caused some other offense without proper documentation and steps taken. This tends to lead to complications for the person renting out the unit.

Consequences of not Following Procedure and Legal Assistance in Remedies

The worst possible consequence of not following proper legal procedure in remedying the situation with a conflict usually is the resident being permitted to stay in the unit or a delay in eviction through weeks, months or years. If the landlord takes matters into his or her own hands and stops utilities, changes the locks or similar matters, he or she may be sued by the renter. It is imperative the owner of the unit follows the proper legal channels and processes. Otherwise, he or she may be fined, experience additional disagreements or cause the tenant to remain in the unit.

Real estate lawyers are necessary in these disputes, but they become essential if the matter becomes legal. Most landlords are not versed in the specific local and state regulations well enough to refrain from hiring these legal professionals to assist in the case. Even if the matter does not go to court, it may be possible to negotiate or resolve the matter peacefully with legal counsel.

ABOUT THE AUTHOR
Story by hg.org
HG.org was one of the very first online law and government information sites. It was founded in January of 1995 by Lex Mundi, a large network of independent law firms. The objective of HG.org is to make law, government and related professional information easily and freely accessible to the legal profession, businesses, and consumers.

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