Landlord Tenant Disputes

When a landlord and a tenant enter into a lease agreement, both parties have certain rights and responsibilities. This page describes the actions a landlord may take against a tenant. ADR may be needed for commercial retail leases & small business lease agreements.

Written agreements are more common and better protect the tenant and the landlord. A lease for one year or more must be written and signed by the tenant and landlord. When a lease is signed by both parties, it becomes a binding legal contract. If any party does not fulfill the terms of the lease, the person who defaults can be sued, which can be expensive. A tenant is not excused from honoring a lease simply because he does not understand it or did not read it.

Contact Lynn Andretta to discuss your legal options and find solutions for any Landlord Tenant Dispute and related legal situations in Washington DC area.

Some Tenant Issues With landlords can be:

• Serious health and safety issues
• Excessive noise or other major disturbances
• Illegal entry of premise by landlord
• Failure to return security deposit
• Landlord sues tenant

Sample of Tenant / Landlord issues that may need ADR

Description of problem

Property is a fire hazard or a serious threat to life, health or safety.
(Minor defects not covered under law.)

Preliminary Action

Prior to taking court action, tenant is required to take certain preliminary actions.

When preliminary action is required, tenant must prove action was legally taken. Documentation must be presented in court. Condition must pose serious threat to life, health or safety.

1. Request inspection from Dept. of Health or Housing. If inspector finds a violation, inspector issues a violation notice to landlord. If violations are found, ask the court clerk how to subpoena the inspector to appear in court.
   
   
2. Notify landlord about the problem by certified mail.
   
   
3. Allow landlord sufficient time to correct problem.
   

Optional Action and Considerations

In certain instances, different actions may be taken. The court does not decide which action should be taken. Please consider the potential consequences of actions. Tenant may refuse to pay rent and wait for landlord to sue in rent court;tenant may raise conditions as defense. Preliminary actions are still required. If you withhold rent and landlord wins, you may be required to pay back rent and other fees.

Tenant Must Prove

1. You notified landlord of problem.
   
2. Hazard poses substantial risk to health and safety.
   
3. You allowed landlord sufficient time to correct problem.

Sample of Tenant / Landlord issues that may need ADR

(Landlord Sues Tenant)

Description of problem

A landlord may sue tenant for failure to pay rent, failure to vacate premises, breach of lease and damages to property. Each one of these actions may lead to the eviction of the tenant and claims for damage. A tenant has the right to defend against legal actions taken by landlord in court.

Preliminary Action

Prior to taking court action, tenant is required to take certain preliminary actions. You may try to reach a new agreement with landlord and get landlord to drop the case.

Court Action

Fill out forms carefully; inaccurate information, such as wrong name or address, may cause case to be dismissed or delayed. None required by tenant; simply appear in court for trial.

Tenant Must Prove You must defend your actions in court.

Considerations Landlord wins case if you fail to appear; eviction may result.

What happens in court?

If both the landlord and tenant appear, the court may:

• listen to both parties present their version of the dispute. If the court rules in favor of the landlord, the court may issue an Order of Possession. In certain limited circumstances, the court may enter a monetary judgment in the amount of the rent due and the costs of the suit
  
• postpone the trial to allow either party to obtain necessary witnesses

If one party doesn't appear, the court may postpone the trial, issue a judgment, or dismiss the case.

What should I bring to court?

Both parties should bring all court documents and evidence to support their respective claims. Evidence may include copies of the lease, letters, photographs and other appropriate documents.

How do I request a postponement?

Requests for a postponement by either the landlord or tenant must be made in writing before the trial date. A certified copy of the request must be mailed to the opposing party.

When considering a written lease agreement, tenants should: Read the entire contract and ask questions or obtain a legal opinion about unclear provisions. Ask for changes. If tenants dislike certain provisions in the lease, they have the right to ask landlords to amend the lease with written changes. However if a landlord refuses, which he has a right to do, a tenant must decide whether to sign the lease. If changes are made, both the tenant and landlord should initial the changes. Do not rely on verbal statements. All promises and agreements should be in writing for your protection.

Discrimination

Landlords cannot refuse to sell, rent, sublease or otherwise make housing available based on a renter's race, color, religion, sex, disability, familial status or national origin. Landlords also cannot charge some individuals higher rent or falsely state that housing is not available for discriminatory reasons. However, there are some exceptions to these rules.

If you believe you have been a victim of housing discrimination, contact one of these agencies:

Contact Lynn Andretta to discuss your legal options and find solutions for any Landlord Tenant Dispute and related legal situations in Washington DC area.

and/or

U.S. Department of Housing and Urban Development
Housing Discrimination Hotline: 800-669-9777

[ Top ]