by David Brown

Created on: January 21, 2009   Last Updated: January 31, 2009

Landlord versus the tenant. This is a very diverse issue as the issues can vary from simple water pipe breakage to the non-payment of rent. This writer, who has been a tenant for some time can relate to the issue of the disputes with landlords and vice versa. Not only has he been a defendant many years ago in a non-payment of rent, but he has also worked in landlord/tenant disputes as a paralegal with a law firm in Washington, D.C.

When it comes to landlord tenant disputes both sides have to really look at the issues at hand. First, what has to be looked are the issues spelled out in the lease. The lease can cover those living in an apartment style dwelling or in a house being rented by the owner. It is very important for the individual or family signing the lease to read it from beginning to end. There are many rules and regulations that the renter has to follow from noise constraints, parking permits, pool passes and the use of facilities, if the apartment dwelling has them. At the same time, the landlord has to adhere to their own rules and regulations drawn up in the rental agreement and not go above and beyond what they are asking from the renter.

A renter cannot pay less than the rental agreement calls for unless first approved by the landlord. If there is a problem in the dwelling that is no fault of the renter and it needs to be fixed, it will be the responsibility of the landlord to fix it. However, again, it is up to the renter to understand the agreement and make sure the fine print is understood as well, because, in a court of law, all that is spelled out in the agreement is legally binding. Here is a for instance: this writer lived in a Washington, D.C. apartment many years ago. There was water damage after a rain storm in one of the apartment closets and most of the clothes and other valuables were practically ruined. This writer immediately took pictures of the damage and itemized the damages and presented them to the landlord. Rent was soon due and because this writer did not hear from the landlord decided to deduct the damages from the rent monies owed. This writer did receive a letter from the landlord and said that he had to present the pictures of the damage as well as the itemized costs for the damage (which he did) before deducting it from the rent. They approved of the deductions made without going to court. This writer was lucky that he had a good and understanding landlord. However, this is not always the case.

So, all-in-all, it is important to read the legal documentation that goes with renting from a landlord whether it is a house or an apartment. All parts of the rental agreement (most of the time, referred to as a lease) must be read and understood. Should a lawyer be present upon the signing of the lease? This is up to the renter if they do not understand the lease agreement. Most of the time, this is not necessary. Make sure also, that as a renter, that you keep a copy of the lease. This way, if you do go to court against the landlord, then you will have the necessary documentation to present.

Finally, not all of the time are landlords right when it comes to disputes. If the renter knows beyond a shadow of a doubt that they are right, then make sure, as mentioned previously, that you have all documentation. If the dispute goes to court, make sure that you have an attorney. Most of the time, when you try to defend yourself, it is hard to win the case.

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