by EM Schmidt

Created on: January 18, 2009   Last Updated: May 11, 2012

Landlords and tenants often find themselves at odds with each other. This is otherwise known as a landlord-tenant dispute. Disputes between landlords and tenants can arise over multiple issues, and usually occur when the terms of a lease, or month to month tenacies are not clearly defined in advance and communications between both parties break down.

Examples of landlord - tenant disputes vary, but often center around issues such as, damages to the rental property, delinquent rent payments, excessive use, or loss of utilities, issues related to security deposits, subleasing, failure to make necessary repairs, and breeching of previously established lease agreements.

There are always two sides to a story but there are things both parties can do to protect themselves from these unpleasant disputes. The landlord should carefully screen potential tenants. This is done to ensure the landlord protects his or her rental investment, and can be done with relative ease. Landlords should ask potential tenants to complete a rental application. The application should ask for names, addresses and phone numbers of the potential tenants prior landlord(s). It should also ask for personal references, as well as, the applicants current employer, social security number, and other relevant information.

A credit check of a potential tenant may also help prevent furture problems centering around the issue of rent payments. By carefully screening potential renters the landlord can immediately lower the risk for future disputes.

Following the background check, the landlord should provide a written lease agreement which clearly defines his or her expections of the tenant. For example, if the landlord doesn't allow pets, the lease should clearly specify this. If the tenant breeches this agreement the consequences should be clearly defined. The lease should define when rent is due. If the rent is not paid on time, the lease should specify what type of penalty will prevail. It should also specify who is responsible for clearing snow covered driveways or sidewalks, who is responsible for mowing the lawn, and who is responsible for specific repairs, etc. The terms of the lease should be explained, and acknowledged by the tenant.

The lease agreement will not only protect the landlord, it will help protect the tenant as well. Ideally, consulting an experienced attorney to assist with the drafting, reading, or possible breech of a lease agreement is a wise decision. To find an attorney experienced

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