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How
to Resolve Your Legal Landlord Issues
and Tenant Disputes Painlessly PART 2
Are you
facing nasty landlord issues and legal disputes with your tenants?
Discover how to resolve the ugliest problems in the quickest and most
cost effective fashion in this Part 2 of our Guide
to Landlord Tenant Disputes.
Have You Read
Part 1? If No, Click
for Part 1
of this
Landlord Tenant Disputes Guide.
If you have tried out the easier steps in Part 1 and it fails to
resolve your tenant landlord issues, then you should move on to the
more aggressive methods below.
Mediation
- Getting a Neutral 3rd Party to Play Peace Maker for You
As we have
highlighted in Part 1, it's never a good idea to haul your
landlord issues to court unless you have no other choice. If
negotiating with tenants by yourself doesn't work, then the next best
step is to invite a highly trained neutral party to do it for you.
Mediation is basically legal speak for assisted negotiation with the
help of a neutral 3rd party (who is labelled as a mediator). Many local
housing authorities do provide mediators who are well versed in the
landlord tenant law as well as the art of negotiation.
Mediation is a voluntary action so both parties (which is you and your
tenants) have to agree to it. Unlike your typical court case where
somone wins and other one loses, mediation tries to reach a solution
which is beneficial or at least acceptable to both parties. It is non
binding so you won't be forced to accept the outcome unless you agree.
We highly recommend that you first consider mediation to resolve your
landlord issues and disputes with tenants - It's by far the quickest
and cheapest way to handle it.
Mediation
will end once you and your tenant is able to reach an agreement. Since
some mediators are specially trained volunteers, you won't even have to
fork out a single cent if you are lucky.
Arbitration
- Legal Judgment for Your Dispute Without Going to Court
Many
landlords have no idea that you can resolve your landlord issues
without going to court. Yes you can, and it's called arbitration. Just
like mediation above, arbitration requires mutual consent - If your
tenant refuse to budge, you can't haul him to arbritation. However
that's where the similarities end.
During an abitration, both
parties will present their evidence and issues before a neutral 3rd
party we call the abitrator. The abitrator's job is to listen to both
sides of the story and then make a decision which often involves
awarding damages or compensation to one party.
Arbitration
is
more formal and legally binding so the arbitrator's decision is final
- You or the tenant have to accept the judgment and cannot
appeal
against it.
Why
makes arbitration a good choice? We can sum the reasons in 3 words -
Cost, Convenience and Flexibility. Arbitration is definitely cheaper
because you just have to pay the arbitrator and avoid any court or
lawyer fees. As long as your tenant is agreeable, you have the complete
freedom to choose the arbitrator, arbitration date and place.
Small
Claims Court - Quicker, Easier and Cheaper Lawsuits for You
Depending
on where you live, small claims court also goes by the name of county
court or magistrate's court. Compared to the high court drama you often
see on television, small claims court is a stripped down version that
is
designed for faster and easier legal action.
As you can guess
from the name, there is a cap on the maximum amount awarded in these
courts. Most small claims courts in the U.S. can award up to $5,000 in
damages which will be enough to cover most landlord tenant disputes.
The maximum claim amount in the U.K. and Canada are higher and can go
up to $25,000.
The good news is that filing a lawsuit in small
claims court is often quite affordable - You can expect to pay less
than $100. It's also quicker - You can usually have your court hearing
within 1 to 2 months. In some courts, hiring lawyers is disallowed and
you will have to represent yourself (which is a good way to cut down on
your costs.)
Small claims court is generally recommended if your
landlord issues involve more than $500 and you have the written records
to back your case. It's perfect for evicting tenants who owe you rent
(where the owed amount is less than the claimable limit) especially if
they refuse to negotiate or arbitrate.
Do you want to learn MORE practical must-know facts on
landlord tenant law?
Return from
this Landlord Issues and Disputes page to our Rental Property Law
guide
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