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Questions on Landlord Dispute Resolution

Landlords and tenants can dispute over many issues. These can range from simple things like small repairs in the rental house to more serious issues like breach of a rental agreement that can cause a tenant to start litigation against his landlord and take him to court.

Listed below are a few questions related to landlord disputes.

I am engaged in a dispute with my former landlord about cleaning the carpet. She now plans to get a new carpet and wants me to pay one-third of the cost. Is this legal?

In most cases, a tenant would not be responsible for “ordinary wear and tear” on carpets. Even if the carpet was brand new when you moved in, some amount of wear would be expected over time. Therefore, as a tenant, you wouldn’t be responsible for paying a part of the cost of a new carpet unless there was gross negligence on your part. This would amount to something like damaging the carpet beyond normal wear and tear by doing something like creating oil stains or spilling paint on it.

If you haven’t created significant damage to the carpet, then you are not obliged to pay any part of the cost of replacing the carpet.

My landlord and I are involved in a dispute regarding two rent checks that he has misplaced. My lease is up soon and I am moving out but my landlord insists that I pay him before I leave. I can’t get copies of the two checks until the moving day. Legally, can my landlord prevent me from moving?

Your landlord cannot prevent you from moving but the situation can affect your credit if he does not end up receiving your checks. What you could do is get a print-out from the bank that shows that the checks were taken from your checking amount. This could serve as proof until you can get hold of a copy of the cancelled checks.

I have already moved out of my rented place but my landlord and I are in a dispute about the rent. I have left some belongings behind that are higher in value than the amount in dispute and want to know if the landlord can dispose of them or keep it for himself? Also, can I sue him if he does so?

You are entitled to get back all your belongings and this should not affect the amount in dispute. If your landlord does not return your belongings, you could sue him for it.

My landlord is not following the rental agreement and I am now engaged in a dispute with him. I am based in Rhode Island and want to know if I can withhold the rent and force him to stick by the agreement and honor it?

Usually, withholding the rent poses a high risk. The RI Landlord Tenant Act will allow you to do it in special circumstances in which the landlord doesn’t maintain the unit properly and it is not considered habitable or repairs to the unit have not been carried out after asking him to do so. Your only other way out is to pay the rent and then go to court and file a claim against your landlord or terminate the lease due to default. The advantage with paying the rent is that it gives you a stronger footing and prevents the landlord from portraying you as the bad guy.

Getting into a dispute with your landlord can lead to a lot of unpleasantness and a strained relationship. However, as a tenant you need to be aware of your rights and responsibilities so that you can resolve the dispute in the best manner possible.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5366
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
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6 Real Estate Lawyers are Online Now

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Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
Law Pro
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Satisfied Customers: 6227
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
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Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

Recent Landlord Disputes Questions

  • I signed a contract offer with a builder to purchase a home

    I signed a contract offer with a builder to purchase a home that was 90% complete at the time. Through the two months we did a walk through inspection and continue to find issues that are not fixed. We did everything they asked, walk through inspection twice. The home is not to my satisfactory level. I refused to go to closing until these items are addressed and we continue to find problems that the supposed to have fixed. We opted to cancel the agreement, and the representative of the company told us they will cancel the contract and we will not get our earnest money back. A few hours later after she said it is all cancelled indicated that the regional office told her they will not let us out of the contract after they said it was cancelled. I feel we are being strong armed to purchase a home we do not want. What options do I have, since we elect to go to another builder since they cancelled the contract?
  • If I Quit claim deed my home over to my son will it stop the

    If I Quit claim deed my home over to my son will it stop the credit card companies from putting a lien on my home?
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    Hello, I need someone who specializes in real estate law, in Southern California, Los Angeles
    I am currently renting an apartment, and I have been getting a lot of undocumented people who has no social security, and they are getting paid CASH under the table. I normally require that all adults that are applying for the apartment, submit an application, and pay me a $35.00 application fee per each adult, so I can check for credit and any unlawful detainers.
    Can I simply deny housing to a couple, if both do no have a social security, and are not filing taxes, and are getting paid under the table???????
    Can I simply deny housing to a couple that has an ETN, but no social??
    In Los Angeles, it takes a couple months to evict a tenant, and I don't want to gamble with renting to someone who does not have good credit, or who I can't collect my monies on, once I evict them. On the other hand, I don't want to face any problems with Fair Housing.
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