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How to Handle Lease Violations by your Landlord

Posted on November 18, 2010 in: Renter Resources

Previously, we’ve discussed what renters could be doing to violate their leases and to qualify them as bad tenants, but what happens when the lease violations are coming from the landlord? Here are a few tips to help you protect your rental rights.

First, let’s discuss what could potentially be a lease violation from a landlord. Such a violation committed by a landlord could include a variety of actions including:

  • Refusing to make minor repairs (or delaying said repairs for an unreasonable amount of time),
  • Not returning a security deposit without a proper reason,
  • Not giving prior notification before entering a tenant’s apartment.

Of course, there can be other extenuating circumstances that would make these and other potential violations acceptable, so each situation must be assessed individually.

If your landlord does indeed violate your lease agreement, here are a few steps to follow to resolve any violations or issues.

  • Reread your entire lease. Even if you read the lease upon signing and think you know it word for word, read it again and look for any clauses that support or excuse the potential violation your are looking to address.
  • Document Examples of the Violation.If possible, keep a detailed record of what the violation is, when it occurred and any correspondence between you and your landlord regarding the issue. If it is an issue with a repair (or lack there of), be sure to take pictures with the date on them and to make copies of any written requests you make for your records as well.
  • Approach your Landlord.Even if you have brought up the issue repeatedly, go to your landlord one last time with documentation and give them a chance to address the violation. With the proper ammunition, you may convince your landlord to see things your way rather than get others involved.
  • Involve an Objective Third Party. If your landlord agrees to work through the situation, you may want to bring in a third party mediator to help document and resolve the issue in a way that is most beneficial for all parties involved.
  • Go to court. This option should be seen as a last resort since going to court is expensive for everyone, and if the judge rules in favor of your landlord, you could get stuck paying their court fees as well as your own plus punitive damages. Also, be sure you are well prepared to present your case if this is the route you choose to go.

Landlord tenant relationships can be a messy business. However, as long as renters know their rights, and each party involved keeps their end of the deal, it is a very beneficial arrangement for everyone. Have you ever had to confront your landlord about a lease violation, and if so, how did you handle it?

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My name is William Paid, Esquire and I’m a serial personal butler with 40 years distinguished service, orchestrating exceptional living experiences for exiled kings, rockstars, supermodels, and even a few “young gun” Internet executives who are now woefully overleveraged and unable to employ my services. My role is to ensure everything runs smoothly for renters and roommates. I’m at YOUR service.

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