How do you prepare for and respond to lease disputes and litigation?

2 Communicate clearly and respectfully

Many lease disputes can be resolved or prevented by effective communication between the parties. If you have an issue or a request, communicate it to the other party in a clear and respectful manner, preferably in writing or by email. Keep a record of all your correspondence and conversations, and follow up on any agreements or actions. If you receive a complaint or a notice from the other party, respond promptly and politely, and try to find a mutually acceptable solution. Avoid escalating the conflict or making threats or accusations that could damage the relationship or lead to legal action.

3 Document everything

Documentation is crucial for proving your case in a lease dispute or litigation. You should document the condition of the property before and after the tenancy, using photos, videos, checklists, and inspections. You should also document any repairs, improvements, or damages that occur during the tenancy, using invoices, receipts, work orders, and estimates. Additionally, you should document any payments, receipts, deposits, refunds, or charges that relate to the rent, utilities, or fees. Keep all your documents organized and accessible, and make copies or backups in case of loss or damage.

4 Follow the law and the lease

If you are involved in a lease dispute or litigation, you must follow the law and the lease at all times. Do not take any actions that could violate the rights or obligations of the other party, such as withholding rent, changing locks, shutting off utilities, or entering the property without permission. Do not retaliate or harass the other party, or interfere with their quiet enjoyment of the property. Do not ignore or disregard any legal notices or court orders that you receive, and comply with any deadlines or requirements that they impose. If you are unsure of your legal rights or obligations, seek legal advice or representation as soon as possible.

5 Seek mediation or arbitration

If you cannot resolve a lease dispute or litigation by yourself, you may want to consider seeking mediation or arbitration as an alternative to going to court. Mediation and arbitration are forms of alternative dispute resolution (ADR) that involve a neutral third party who helps the parties reach a voluntary agreement or makes a binding decision for them. Mediation and arbitration can be faster, cheaper, and less adversarial than court proceedings, and can preserve the relationship between the parties. However, they also have some drawbacks, such as limited appeal rights, confidentiality issues, and enforcement challenges. You should weigh the pros and cons of mediation and arbitration carefully, and consult a lawyer or a professional property manager before agreeing to them.

6 Learn from your experience

Whether you win or lose a lease dispute or litigation, you should learn from your experience and take steps to avoid or minimize future conflicts. You should review your lease agreement and make sure it is clear, fair, and updated to reflect any changes in the law or the market. You should also review your screening and selection criteria for tenants or landlords, and make sure they are consistent, objective, and compliant with fair housing laws. You should also review your communication and documentation practices, and make sure they are timely, accurate, and courteous. By learning from your experience, you can improve your property management skills and reduce your risk of lease disputes and litigation.