Landlord Tenant Disputes

Disputes between landlords and tenants can take many forms — from upkeep and repair issues to non-payment of rent and potential eviction. In addition to looking to the terms of any rental agreement in place, being informed of your rights as either a tenant or a landlord can help save money and avoid frustration. When navigating a dispute with your landlord or your tenant, care should be taken to ensure that both sides attempt to uphold their side of the agreement while protecting their interests to the fullest extent allowed by law.

Eviction and Unlawful Detainer Lawsuits

Eviction is the process of terminating a lease agreement, typically for a specific cause, thereby removing the tenant from the rental unit. Common disputes that lead to eviction include failure to pay rent on time, keeping pets against the rules of the rental agreement, and engaging in criminal activity on the rental property. Laws are in place to make sure any eviction follows due process, which protects both tenants and landlords.
Evicting a tenant is not as simple as telling them to leave. There is a specific process in place to ensure the tenant has his or her say, and to give the tenant time to find a new place to live. The first step is to give the tenant formal notice of an eviction, explaining the fault (such as missed rent payments) that needs to be corrected. If the tenant fails to respond in a reasonable amount of time, the landlord may then file for a formal court eviction proceeding; this is typically referred to as a “forcible entry and detainer” or “unlawful detainer” action.

Avoiding Disputes with Your Landlord

The best way to solve landlord tenant disputes is to avoid them altogether. There may be disagreements or misunderstandings, but these are best handled outside of court most of the time. For instance, tenants should study their lease agreement carefully and also get a basic understanding of their rights and responsibilities as tenants. If a problem arises, it’s best to talk to the other party right away and be completely honest. Keeping hard copies of all notes and correspondence related to the problem also is a good idea.

How to Resolve a Landlord Tenant Dispute Outside of Court

Of course, not all disputes are easily resolved by simply talking with your landlord. If you can avoid going to court, that is usually the best and least expensive option. One option is to use a third-party mediator to help draft an agreement between the two parties, which is not binding but can help facilitate communication. You can find a low-cost mediation program for handling landlord tenant disputes through both private companies and bar associations.

The last resort for resolving disputes after direct communication and mediation have failed is to file a claim with your local small claims court. While they cannot hear every type of case, most landlord tenant disputes involving a sum of money below a certain amount (usually a few thousand dollars) can be handled in small claims. For instance, matters commonly resolved in small claims court include disputes over unpaid rent or un-returned security deposits. While you generally don’t need legal representation for small claims court, but in Utah you can use attorneys if you think you need one.

Free Consultation with a Landlord Lawyer

When you need an attorney for a landlord tenant disputes, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael Anderson

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.

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