Legal Steps Landlords Should Take When Facing a Tenant Dispute

Ask any landlord, and they’ll tell you their least favorite part of the job is resolving disputes with tenants. Disputes over issues like rent payments and maintenance have the potential to go poorly, especially if you’re unsure of your responsibilities as a landlord.

In this guide, you’ll learn how to resolve landlord-tenant disputes as amicably as possible with conflict resolution tips from a real estate lawyer in Phoenix.

What Are Some Common Landlord-Tenant Disputes?

Disputes between landlords and tenants can range from simple to serious. Common housing disputes include:

• Unpaid rent: Residents may fail to pay rent due to job loss, medical bills, or any number of reasons.
• Failure to maintain the condition of the property: Per the lease agreement, tenants are typically responsible for covering the cost of repairs for damage caused to the property.
• Noise complaints: Tenants may throw rowdy parties or play loud music late at night, disturbing the peace of other residents.
• Security deposit disputes: Tenants expect landlords to return their security deposits when they move out. If the landlord refuses to return the deposit, disputes are likely to arise.
• Lease violations: Lease violations may include subletting the apartment or bringing pets into the property without paying a pet deposit.
• Unauthorized alterations: This may include painting the unit or replacing the carpeting.

Understanding Tenant Rights and Landlord Responsibilities

Before discussing how to resolve conflicts with renters, it’s important to understand the rights of tenants and your duties as a landlord. Knowing landlord and tenant obligations ensures that you’ll stay in compliance with state and federal rules and regulations.

Tenant housing rights include:

• The right to privacy in their homes. This means, for example, you cannot access a tenant’s home without giving proper notice.
• The right to timely repairs. Per Arizona law, landlords must respond to repair and maintenance requests within 10 days. If you fail to do this, the tenant may be able to terminate their lease without consequence or sue for damages in some cases.
• The right to a fit, safe, and habitable residence. The unit must have gas/electrical service, running water, and working appliances.
• The right to break a lease without penalty in certain cases. Tenants can legally terminate a lease due to domestic violence, active military duty, unsafe conditions in the unit, or landlord harassment.

Landlords must stay in compliance with these requirements:

• Ensure the rental’s habitability, which means it’s in operable condition, safe, and free from pests.
• Not discriminate against any renter based on gender, race, or religion.
• Require a “reasonable” amount of money for the security deposit.

How To Resolve Landlord-Tenant Conflicts

If you’d like to maintain a positive relationship with tenants, it may be possible to resolve landlord-tenant disputes without jumping straight to an eviction notice. Many landlords like to turn to mediation services for assistance with landlord-tenant complaints.

During mediation, you and your tenant will talk with a neutral third party called a mediator. The mediator will hear your concerns and ensure that both parties conduct themselves respectfully. They will keep communication on track and help you find solutions to conflicts.

Working with a mediator is much easier, faster, and cheaper than going through litigation and sorting out issues in court before a judge. The legal process for resolving disputes can take several months and cost thousands. On the other hand, it’s possible to complete mediation in a week or less. If you’re able to maintain amicable communication with residents, mediation is a smart choice.

Here are some tips on how to resolve various concerns with residents:

• Failure to pay rent: Some landlords allow a grace period for tenants who typically pay rent on time. You may also consider directing tenants to a local rental assistance program. Such assistance services help with the rent payment and are ideal for tenants going through issues with financial stability.
• Lack of property maintenance and damage: Before withholding a security deposit due to damage, consider whether that damage falls under minor wear and tear. This includes things such as worn carpets and chipped paint. The smartest way to avoid disputes over the deposit is to conduct an inspection before a new tenant moves in.
• Lease agreement violations: Review the tenant’s lease thoroughly to verify whether they are breaking the terms and conditions.

Legal Remedies for Landlord-Tenant Disputes

No landlord likes issuing an eviction order and going to court, but sometimes, that’s the wisest way to solve landlord disputes with residents. It’s important to know that you can’t just evict residents without notice. When tenants violate their housing agreement, you must give them a 10-day notice to comply. If the tenant doesn’t comply within 10 days, you may proceed with eviction.

You will need to serve the tenant with a Summons and Complaint. Next, you and the tenant must appear before a judge in an eviction hearing. If the judge rules in your favor, the tenant may appeal within five days. On average, it takes anywhere from nine to 40 days to complete the process.

What can you do if a tenant damages their apartment and the cost of property repairs exceeds their security deposit? In this case, you may sue for damages in small claims court. In Arizona, small claims court is for damages of less than $3,500. You may hire an attorney to represent you in small claims court, but it isn’t strictly necessary.

If the damage exceeds $3,500, your case isn’t eligible for small claims court. You’ll have to hire a lawyer to help you file a lawsuit in regular court.

Reliable Legal Services for Landlord-Tenant Disputes in Phoenix

Resolving landlord-tenant disputes can be an arduous process, but you’re more likely to enjoy a good outcome with the right lawyer by your side. Anthony Law Group has extensive experience in real estate contracts, housing agreements, rent control, property disputes, commercial lease termination, and mediation services. When you choose lawyer Stephen J. Anthony, you’re choosing the finest court representation in Phoenix.

For a consultation regarding mediation, small claims court, or a lawsuit for landlord-tenant disputes, call Anthony Law Group at (602) 362-2396. Request more information today.