by Krystle Hernandez

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

Landlords and tenant relationships often have a bad reputation. Many tenants frequently become frustrated with their landlord's inability to fulfill their responsibilities in a timely manner. Conversely, many landlords feel that their tenants should be prompt with their payments and respectful to their fellow tenants. Unfortunately, it is not always the case that tenants find accountable landlords and that landlords are fortunate enough to find courteous tenants. In these cases, landlord/tenant disputes can regularly arise.

Although there are legal statutes that outline the responsibilities and duties of both landlords and tenants (which differ considerably from state to state and country to country), conflicting personalities and considerable tension between parties concerning late payments, the return of security deposits, and/or reimbursement for any work done to the property that should be paid by the landlord can often require individuals to seek counsel and take adequate measures to ensure that their legal rights are being upheld.

Before you begin developing a case against your landlord or tenant, keep in mind the various legal obligations of each party. In general, tenants are responsible for paying rent on time, not damaging property, properly disposing of their garbage, and refraining from taking on additional occupants or entering into a sublease agreement without the landlord's written consent. Landlords are obligated to ensure that the property is fit to occupy before the tenants' move in date, making and paying for any repairs not caused intentionally, providing written notices to tenants when ownership of the property is transferred to a new landlord, and not unlawfully discriminating against their tenants based on race, gender, ethnicity, religion, or sexual-orientation.

If you find yourself stuck in the middle of a landlord/tenant dispute, you do have the option of taking the case to small claims court, particularly if the situation involves money, which, in most disputes, is certainly the case.

Although some people think that taking your landlord or tenant to court will offend the respondent, having your case heard will afford both parties the opportunity to present their respective sides of the story to an unbiased judge who undoubtedly understands the intricate workings of the law and can then make a sober judgment regarding the situation.

Small claims court fees are relatively low and are invaluable, particularly as the judge's ruling will ultimately save both you and your landlord or tenant the trouble of attempting to mitigate your differences in opinion outside of the rule of law. Just be sure to take into account the fact that while the maximum amount that you can sue for in small claims courts varies, most states set a limit anywhere between $3,000 and $10,000.

While some states, such as California, prohibit individuals from bringing an attorney to small claims court to speak on their behalf, experienced and knowledgeable lawyers can undeniably assist you outside of the courtroom by providing you with an unbiased evaluation of your case, advising you of your legal rights, and adequately preparing you for court so that you can convince the judge that you are right.

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