How to Settle Landlord Tenant Disputes Out of Court
Send a letter to your landlord., Schedule a face-to-face meeting., Gather information., Briefly explain your issues., Listen to your landlord's side., Explain what you want to happen., Make an offer to help., Put the agreement in writing.
Step-by-Step Guide
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Step 1: Send a letter to your landlord.
Communicate your problems and concerns in writing, so you have a record of the dispute.In your letter, provide a brief run-down of the problems you've faced or the issues you've had.
If you've notified your landlord about these issues previously, note that in your letter as well.
For example, you might write: "The pipe under the sink, which I told you about in August, is still leaking.
Even though I notified you of this problem on August 15 and again on September 30, no one has come to repair the pipe.
I am concerned about mold growing in the cabinet." You may send a paper letter or an email.
However, if you've had problems with your landlord responding to you in the past, you may want to mail the letter using certified mail with return receipt requested so you have proof that your landlord received your letter.
If you're sending a hard copy, make a copy of it before you send it so you have it for your records. -
Step 2: Schedule a face-to-face meeting.
Despite the general need to have communication in writing, the best way to negotiate is to sit down and talk one-on-one with your landlord.Ideally you should set up a neutral place to meet, such as a nearby coffee shop, rather than meeting in the landlord's office.
This way you both have a minimum of distractions.
If you must meet your landlord in his or her office, try to schedule your meeting after business hours, when he or she is less likely to be called away. , Before your meeting with your landlord, get together documents or other information that supports your position.For example, if there's something in your unit that you believe the landlord should repair, take pictures or a video that shows the problem.
You can bring that to your landlord.
If you have a dispute about rent payment, bring your cancelled checks or a bank account statement that shows the payments you made.
If the landlord is doing something that violates state law, make a copy of the law and bring it with you to show the landlord.
This tells him or her that you understand your rights under the law.
You also should study your lease carefully and make sure you understand your landlord's policies and aren't violating any of the lease provisions. , Begin your meeting by giving your landlord the facts of your situation or the problems you have with your rental unit.Be courteous, and avoid insults or personal attacks against your landlord.
Stick to the facts, showing your documents or evidence where appropriate.
Rather than simply complaining about your landlord's action, or inaction, emphasize that you want to solve the problem at hand.
Avoid making threats that you don't intend to act on.
For example, if you don't plan to file a lawsuit, don't threaten your landlord with one.
Threats put people on the defensive, and your landlord may be unwilling to continue negotiating with you. , Really listening and attempting to understand the other side is the key to any healthy and productive negotiation.Give your landlord a chance to speak, and don't interrupt him or her or have an emotional outburst.
Indicate to your landlord that you respect his or her concerns and the reasons for acting – or not acting – the way he or she did.
Keep in mind that many disputes are the result of misunderstanding.
As a businessperson, your landlord should be interested in resolving the problem once you both understand what the problem is. , Provide your landlord with a brief description of your ideal outcome and how you'd like to see the situation resolved.Avoid being dramatic or going overboard.
Maybe you would like to live in your apartment rent free, but that's unlikely to happen regardless of the problems you've had.
If you want to stay, emphasize that.
You might even want to mention any positive experiences you've had living there.
Acknowledge your landlord's concerns or difficulties and address them as appropriate. , If there's anything you can do to make it easier for your landlord to meet your demands, offer to meet him or her halfway.For example, if your problem is repairs that need to be made to your unit that have not yet been made, but you know how to do some of them yourself, you might offer to make the repairs yourself and deduct the cost from your rent. , Come to the meeting prepared with paper and a pen to record any settlement that you and your landlord reach.Don't rely on your landlord to write the agreement down after the fact – he or she may not get it correct, or may change it to be more in his or her favor.
When you write it down, make sure both of you have signed it.
After the meeting, you can make a copy to send to the landlord for his or her files. -
Step 3: Gather information.
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Step 4: Briefly explain your issues.
-
Step 5: Listen to your landlord's side.
-
Step 6: Explain what you want to happen.
-
Step 7: Make an offer to help.
-
Step 8: Put the agreement in writing.
Detailed Guide
Communicate your problems and concerns in writing, so you have a record of the dispute.In your letter, provide a brief run-down of the problems you've faced or the issues you've had.
If you've notified your landlord about these issues previously, note that in your letter as well.
For example, you might write: "The pipe under the sink, which I told you about in August, is still leaking.
Even though I notified you of this problem on August 15 and again on September 30, no one has come to repair the pipe.
I am concerned about mold growing in the cabinet." You may send a paper letter or an email.
However, if you've had problems with your landlord responding to you in the past, you may want to mail the letter using certified mail with return receipt requested so you have proof that your landlord received your letter.
If you're sending a hard copy, make a copy of it before you send it so you have it for your records.
Despite the general need to have communication in writing, the best way to negotiate is to sit down and talk one-on-one with your landlord.Ideally you should set up a neutral place to meet, such as a nearby coffee shop, rather than meeting in the landlord's office.
This way you both have a minimum of distractions.
If you must meet your landlord in his or her office, try to schedule your meeting after business hours, when he or she is less likely to be called away. , Before your meeting with your landlord, get together documents or other information that supports your position.For example, if there's something in your unit that you believe the landlord should repair, take pictures or a video that shows the problem.
You can bring that to your landlord.
If you have a dispute about rent payment, bring your cancelled checks or a bank account statement that shows the payments you made.
If the landlord is doing something that violates state law, make a copy of the law and bring it with you to show the landlord.
This tells him or her that you understand your rights under the law.
You also should study your lease carefully and make sure you understand your landlord's policies and aren't violating any of the lease provisions. , Begin your meeting by giving your landlord the facts of your situation or the problems you have with your rental unit.Be courteous, and avoid insults or personal attacks against your landlord.
Stick to the facts, showing your documents or evidence where appropriate.
Rather than simply complaining about your landlord's action, or inaction, emphasize that you want to solve the problem at hand.
Avoid making threats that you don't intend to act on.
For example, if you don't plan to file a lawsuit, don't threaten your landlord with one.
Threats put people on the defensive, and your landlord may be unwilling to continue negotiating with you. , Really listening and attempting to understand the other side is the key to any healthy and productive negotiation.Give your landlord a chance to speak, and don't interrupt him or her or have an emotional outburst.
Indicate to your landlord that you respect his or her concerns and the reasons for acting – or not acting – the way he or she did.
Keep in mind that many disputes are the result of misunderstanding.
As a businessperson, your landlord should be interested in resolving the problem once you both understand what the problem is. , Provide your landlord with a brief description of your ideal outcome and how you'd like to see the situation resolved.Avoid being dramatic or going overboard.
Maybe you would like to live in your apartment rent free, but that's unlikely to happen regardless of the problems you've had.
If you want to stay, emphasize that.
You might even want to mention any positive experiences you've had living there.
Acknowledge your landlord's concerns or difficulties and address them as appropriate. , If there's anything you can do to make it easier for your landlord to meet your demands, offer to meet him or her halfway.For example, if your problem is repairs that need to be made to your unit that have not yet been made, but you know how to do some of them yourself, you might offer to make the repairs yourself and deduct the cost from your rent. , Come to the meeting prepared with paper and a pen to record any settlement that you and your landlord reach.Don't rely on your landlord to write the agreement down after the fact – he or she may not get it correct, or may change it to be more in his or her favor.
When you write it down, make sure both of you have signed it.
After the meeting, you can make a copy to send to the landlord for his or her files.
About the Author
Mark Fox
A passionate writer with expertise in DIY projects topics. Loves sharing practical knowledge.
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