8 common types of Landlord Tenant Disputes
September 8, 2022
Landlord and tenant is a contractual relationship built by a rent agreement, the landlord is the owner of the property giving out his property on rent or a person possessing power of attorney (POA). The tenant on the other hand is the person who takes the property on rent and pays the rent according to the terms of the rental agreement if there is one or else as the landlord specifies. Disputes are inevitable in any contractual or general relationship and the landlord-tenant relationship is no exception, though some of the disputes can be avoided by formulating a rent agreement disputes still arise.
The most universal landlord-tenant disputes will be discussed further in this article along with the more convenient way to resolve these than litigation.
1. Not Maintaining Cleanliness
This issue is quite common between the landlord and the tenant as there are instances wherein the tenants do not keep the premises and the rooms clean rather, they leave it in an awfully bad state which is disadvantageous for the landlord and is straight harm to her/his property which gives rise to this dispute which can be easily handled with a little understanding.
2. Violation of Rules
When a tenancy agreement is made between the parties there are certain rules and regulations that are inserted into the contract for the smooth functioning of the tenancy. If any of the parties, be it the landlord or the tenant infringes these rules and regulations written in the agreement it turns into a dispute.
3. Damage to the Property
Damage to the property of the landlord is a very common dispute between these parties as there is such type of occurrences where the property has suffered damage due to mishandling and carelessness by the tenant. In this case, the landlord generally demands the repair cost of the damage caused by the tenant, if the tenant agrees this issue is resolved there and then but in case the tenant refuses to take responsibility for the damage and denies giving the repair cost and asserts that the damage was not caused by her/his carelessness, a serious dispute surface.
4. Delayed Rent Payment
When the rent payment that has to be submitted at a specified time gets continuously delayed for some reason or the other irks the landlord. If there is some genuine reason why the tenant is unable to pay the rent on time this does not make much of an issue but in case, there is no genuine reason, and the payment is still delayed this often results in termination of the tenancy.
5. No responsiveness of the landlord towards repair requests
This is a serious problem often faced by tenants which sometimes results in their evicting the apartment when the landlord is not paying any heed to their continuous requests of getting repaired which hinders their smooth stay and daily lives. The landlord has the sole responsibility to pay attention to the repair requests made by the tenants and get the work done as soon as possible and if the landlord fails to do so it is a clear breach of the responsibilities.
6. Eviction without any reason or notice
This is something the landlords do when they no longer want to keep a particular person as a tenant at their place but evicting a tenant without any prior notice or even not specifying the reason is infringing one of the responsibilities of the landlord. This is a serious issue between the landlord and the tenant and puts the tenant in a troublesome situation as evicting and finding a new place to reside in a sudden development is a tough task and thus a dispute evolves.
7. Non – refund or partial refund of the Security Deposit
The security deposit that is taken by the landlord at the beginning of the tenancy is for security and shall be refunded when the tenancy is going to end but that does not happen a lot of times and the landlord refuses to refund the security deposit marking various reasons else agrees to only refund half of the amount that was originally deposited by the tenant which is a violation of the rights of the tenant as s/he is entitled to get back the whole amount of the security deposit as initially deposited to the landlord.
8. Entry without reasonable notice
Though the property belongs to the landlord, the tenant also acquires easement rights once s/he takes the property on rent and if the landlord is entering the premises where the tenant resides every now and then or suddenly without serving any reasonable notice infringes the right to privacy along with the easement rights of the tenant.
How can a Rent Agreement Significantly avoid these disputes?
A rent agreement can prove to be an effective instrument to avoid tenancy disputes to some extent if the rent agreement is drafted well after incorporating all the important aspects which are likely to become the main cause of any dispute that may arise between the landlord and the tenant.
Since a rent agreement covers all the important aspects of a tenancy; rent-related rules, the conduct of the parties, eviction, right of entry, possession, pet details etc. all are included. Entering into a rent agreement can significantly avoid the disputes explained earlier in this article as it is a legal document and all that is mentioned is either the duty of one and the right of the other and vice versa, which if infringed will result in a penalty that will also be specified in the agreement. The fact that the parties are bound by law makes it less likely that the terms would be infringed which in turn avoids the most common tenancy disputes to some extent. It is always advisable to make a rent agreement as it aids in avoiding disputes and in case the disputes arise it also helps in better resolution as the duties and rights are clearly demarcated.
What WeVaad has to offer to resolve and avoid Tenancy Disputes?
Resolving or even avoiding the tenancy disputes is a tough task to achieve as when trying to avoid the disputes through a rent agreement it is important that the rent agreement is drafted and curated well, and resolution is even more daunting if it reaches litigation.
WeVaad is a legal services firm which provides services like online mediation, online conciliation, and arbitration in all online dispute resolution services along with agreement drafting, finding a lawyer, online legal consultation etc. We can help you in avoiding disputes through our agreement drafting services where you can get your rent agreement drafted by experienced legal experts having more than seven years of experience. This will ensure that the rental agreement you enter will be without any discrepancies.
If the disputes have already arisen, you can avail any of the online dispute resolution services for the speedy and cost-effective resolution of the dispute, the best option in the first instance would be the online mediation service that we offer which is carried out by the legal experts who will turn mediators for resolving the dispute in much less time than traditional litigation. We ensure that the whole process is confidential and that the case is traced to endure better resolution. If the dispute is still unresolved, then online conciliation can also be availed.