Landlords and tenants should understand their rights and responsibilities. If a dispute arises, the matter can either be resolved through a negotiated settlement or a civil lawsuit. In any event, the best way for both parties to protect their interests is to consult an experienced attorney.
Common Landlord-Tenant Disputes
Landlord-tenant disputes can arise due to a wide range of issues, including:
- Termination and eviction
- Lease terms
- Withholding rent
- Security deposits
- Landlord’s access to rental property
- Tenant protection against retaliation
- Health and safety standards
Termination and Eviction
Evicting a tenant is not as simple as posting a sign or notifying the tenant to vacate the premises. Instead, an eviction requires official service of notice to the tenant; however, the tenant has the right to contest the eviction in Housing Court. Landlords typically seek to evict tenants for failing to pay rent. By contrast, a tenant who has withheld rental payments because the landlord failed to keep the property in habitable condition may be able to contest an eviction.
Lease Disputes/Security Deposits
A well-conceived lease will contain the necessary provisions governing every aspect of the landlord-tenant relationship. Nonetheless, disputes are common, particularly when the tenant moves out, expecting a full return of the security deposit. By the same token, the landlord is primarily concerned with returning the property to the condition it was prior to the lease. In this regard, landlords are entitled to keep all or a portion of the deposit to repair damages, account for unpaid rent, or address other breaches in the lease agreement.
Damages
A landlord is entitled to make a second cause of action for damages in an eviction lawsuit. Doing so may prolong the eviction lawsuit. Another option a landlord may choose is to bring an eviction lawsuit and later bring a lawsuit for damages.
Right to Withhold Rent/Health and Safety Standards
Tenants not only have rights under the lease agreement but state and federal law as well. Depending on the jurisdiction, if a domicile is not maintained in a manner suitable for habitation (e.g. lead paint, toxic mold), a tenant may be entitled to withhold rent until the home or apartment complex has been made habitable.
Landlord Access to Rental Property
Under the terms of most leases, landlords have the right to enter their rental properties for purposes of inspections, repairs, maintenance, and emergencies. Because this right must be balanced with tenants’ rights to privacy and enjoyment of the space, a landlord must provide reasonable notice to the tenant before entering.
Tenant Protection Against Retaliation
Generally, landlords cannot terminate or refuse to renew a lease to tenants who have (1) filed an official complaint to a government agency, (2) become involved in a tenant’s organization, or (3) asserted a legal right against the landlord.