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You are here: More Topics > Landlord/Tenant > Questions & Answers > How can landlords and tenants settle disputes outside of court?
First, the people involved should try to talk calmly with one another. Perhaps one person would be willing to correct the problem or work out a solution once he or she understands the other's concerns.
Both parties to a rental agreement have a duty of "good faith and fair dealing," meaning that both the landlord and the tenant are to treat each other honestly and reasonably. Here are a few thoughts to keep in mind:
- Each person has rights and responsibilities under federal, state, and local law.
- The terms of the lease or rental agreement should be clear and unambiguous.
- Work to keep communication open. If there is a problem, try to resolve it by talking it over.
- If discussing the issue doesn't work, each person might write a letter to the other person, describing the problem as they see it and stating what he or she would like the other to do. It is important to keep a copy of any correspondence that is sent or received.
- It would be good to document all requests made and keep copies of any correspondence and notes of conversations about any problems. For example, the tenant should keep records concerning when requests are made for repairs and when the repairs are made. Also, the landlord should keep a copy of all repair requests and make a note about when and how the repairs were completed. One good way to keep track of these dates is to write the information on a calendar.
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Last modified: 03/17/2008
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