Landlord-tenant issues are common, and there are many effective and fair ways to deal with them. When a disagreement between landlord and tenant arises, the first piece of paper to consult is the lease. The lease, which both parties have signed, lays out what conditions the landlord and tenant have both agreed to, and can help determine who is right and who is wrong. However, the lease is not always the be-all-end-all in these issues.
Sometimes, a landlord tricks a tenant into signing a lease that contains clauses against the tenant's legal rights. Sometimes the landlord does this unknowingly, just because he or she is not familiar with tenant rights. A lot of landlords use a form lease where neither party looks into the details before signing. Landlords and tenants can always discuss changing the terms of a lease or allowing something not in the lease (i.e., a pet) for an extra fee each month.
When a landlord is at fault, it is determined that he or she has not honored something in the lease agreement. A landlord can appeal a ruling against himself by asking for time to remedy the situation or to raise the money needed to pay back the tenant. Landlords have rights, too, and even if they are at fault can be granted time to fix their mistakes.
If the tenant has violated the terms of the lease, the landlord has the right to evict. Eviction notices differ from state to state; some require 30 or 60 days, while some allow an eviction notice term as short as 3 days if a tenant has failed to pay rent. A landlord can also take a tenant to court as an alternative or supplement to eviction.
Landlord/tenant cases can be uncomfortable because there is often tension and hostility until the case is resolved. It is best for landlord and tenant to agree to be civil while undergoing the process for a conflict, so that things remain professional. No issue over an apartment is worth anyone getting hurt or threatened.
If the terms of the lease are determined irrelevant, a new lease should be created, read carefully by both parties, and signed. Even if a tenant agreed to sign a lease without knowing that it violated his tenant rights, the lease can be deemed void and a new one will need to be drafted. There are many services that can provide consultation on a new lease, so neither party needs to hire an expensive attorney.
If a tenant wants to stay in his/her residence peacefully, he/she should try to resolve any issues with the landlord amicably. A lot of times landlords are just not aware of tenant rights and need to be educated. Approaching a landlord about an issue in a way that is mutually beneficial for both parties is often the best way to go.