Resolving Disputes

When you file paperwork for an eviction, the tenant does have the legal right to file a dispute if they feel they are being wrongfully evicted. There are proactive steps that a landlord can take to avoid disputes and to resolve conflict in the event that it arises.

Step 1: Tenant-Landlord Discussions

In the event that a tenant feels they are being wrongfully evicted, the first step is for the landlord and the tenant to attempt to resolve the issue/issues between themselves. If the reasons for eviction surround unpaid rent, many landlords will choose to forgo the eviction process if the tenant is able to pay the unpaid amount in full and agrees to alternative payment arrangements moving forward. If the tenant dispute surrounds property damage, the landlord may agree to forgo the eviction process if the damage is corrected. In the event that the parties are unable to resolve the matter without outside help, mediation is often the next step in the process.

Step 2: Mediation Resolutions

Mediation is a solid alternative to working through the court system when working to resolve landlord disputes. Mediators are trained, impartial parties who will work to facilitate communication between the landlord and the tenant. A mediator’s decision is not legally binding, but the agreements rendered between the disputing parties can be filed with the judge overseeing the property case if it has reached this level. Often parties seeking to settle out of court or to reduce legal fees will look to mediation as a viable settlement avenue. But, in the event that the mediation is unsuccessful in resolving any issues, court is the next step.

Step 3: Court

In the event that the wrongful eviction claims remain unsettled, a court date will be scheduled where both parties can present their side of the case with evidence. A judge will review the information and render a verdict.

Landlords can often avoid potential property disputes over an eviction process. First, they must proactively work to avoid wrongful eviction claims by working through the eviction process as outlined by their respective state. Not locking tenants out, not moving or seizing tenant property and utilizing properly drafted forms and letters are proactive steps in which a landlord can take to avoid tenant disputes or issues. And while the landlord may be able to draft and deliver important letters to the tenant, most professionals agree that leveraging the assistance of an experienced property attorney is just one more important step in protecting the landlord during this entire process.