Factors to consider when resolving landlord-tenant disputes

The relationship between a landlord and tenant is typically a straightforward one. One party pays rent to the other in exchange for real estate space. In many cases, there is no reason for either party to challenge the other or the agreement in place.

When a dispute does arise, it has the potential to turn quite serious and there may be a lot on the line, including money and living or working space so it is wise to take these situations seriously. Resolving these matters in a timely, effective manner can save tenants and landlords time, money and anxiety. However, the method of real estate dispute resolution will depend on many factors.

The factors that will affect how a disagreement between tenants and landlords is resolved include:

  • Clauses in the lease
  • Existing relationship between the two parties
  • The nature of the dispute
  • Acceptable conclusions that can be identified
  • The type of actions that are required to remedy the situation

Based on these and other factors, two parties can pursue a number of different options in order to resolve a dispute.

If both parties are amicable and interested in finding a peaceful solution, they may be able to find one through open communication, reviewing the lease and compromising. However, there are also situations in which two parties cannot agree and do not see eye-to-eye when it comes to who needs to do what. In these situations, litigation may be unavoidable.

The fact is many landlord-tenant disputes fall somewhere in between these two extremes. Parties may be willing to compromise, but they don't want to do more than is legally required of them. Or they don't want to go to court, but they disagree on what needs to happen to resolve the situation.

There is no one way to resolve real estate disputes which is why it can be crucial that parties have the support and guidance of an attorney who is familiar with the numerous dispute resolution methods available in Florida. By taking into account the details of the dispute, the lease that is in place as well as the goals for resolution, an attorney can be an essential tool in pursuing a fair and appropriate settlement.