Everyone has a different relationship with conflict and confrontation, but when disputes enter your relationship with tenants, things can get uncomfortable. It’s not uncommon, however. Rental disputes are an inevitable part of being a landlord. However, they don’t have to be a source of constant stress, nor do they have to represent a financial strain.
By understanding the common sources of conflict and implementing strategic measures, landlords can effectively resolve and even prevent disputes from escalating.
We’ve been managing residential rental properties for several years, and we’re providing a comprehensive guide and a step-by-step approach to managing and mitigating rental disputes.
Understanding Common Rental Disputes
Before we look at prevention and management strategies, it’s helpful to understand why you are most likely to find yourself teetering at the edge of a dispute with your residents. Here’s where things tend to go sideways in the landlord/tenant relationship:
- Late or Missed Rent Payments
One of the most frequent issues is the payment of rent. Landlords expect it to be paid on time, but sometimes tenants struggle to come up with the rent by the first of the month. This can lead to uncomfortable confrontations and financial stress for landlords.
- Property Damage
It’s frustrating to walk into your rental property or inspect it after a tenant has moved out only to find damage and destruction. Disagreements may arise regarding the extent of tenant responsibility for damage beyond normal wear and tear.
- Lease Violations
You will need to enforce your lease, and that can be difficult when you find or suspect that your tenant has violated some important lease term. Maybe there’s an unauthorized pet, a situation where your tenant is subletting, or changes have been made to the property without authorization or approval.
- Security Deposit Disputes
One of the most common reasons for conflicts in the rental relationship, security deposit disputes will often occur when there is disagreement over the amount to be returned at the end of a lease. Tenants will always want their full deposit refunded, while landlords will usually find a reason to keep some of it.
- Maintenance Issues
Delays in repairs or neglecting maintenance can lead to frustration and disputes. If you’re not responding to requests from tenants or they feel you’re ignoring the urgency they feel to have their needs met, you’re likely to get a complaint.
Step-by-Step Approach to Resolving Rental Disputes
So what can you do to bring some closure to a situation that’s causing a rift between you and your residents? Here’s what we recommend:
Step 1. Open Communication
Communication is fundamental in resolving disputes amicably. Ensure you’re communicating effectively with your tenants by establishing clear channels for communicating. Ensure tenants know how to reach you and encourage them to report issues promptly. Don’t let the resentment build up. It’s important to be responsive. Aim to respond to queries or complaints within 24 hours. Always conduct regular check-ins. Perhaps you can schedule periodic emails or phone calls to discuss any ongoing or potential issues. This will keep you connected.
Step 2. Review the Lease Agreement
When something goes wrong, consult the lease agreement before anything else. Often, disputes can be quickly resolved by referring to the agreed-upon terms. Key sections to review include any rent collection policy you may have in place which will include payment terms and due dates. You’ll want to have the maintenance responsibilities and process in your lease agreement easily accessible. There should be information on pet policies and any other rules and restrictions. If your dispute is around an HOA violation, make sure you have HOA information included as an addendum with your lease.
Step 3. Document Everything
Maintain thorough records of all communications, payments, repairs, and inspections. Documentation serves as essential evidence if you need to escalate the dispute legally. You’ll need a paper and online filing system, where you can organize documents digitally and physically for easy access.
Photos can be your best friend, especially if you’re involved in a dispute over security deposits or property conditions. You have the opportunity to document the property’s condition before a tenant moves in, and you should do that with detailed photos and video.
Step 4. Negotiate a Compromise
If you can, try to resolve the dispute by compromising with your tenants. It helps to be fair and flexible, even if you know you’re right. Is it worth it to keep fighting over a $100 security deposit deduction, even if the tenant threatens to take you to court? Approach the situation with an open mind and aim for a mutually beneficial solution.
Proactive Steps to Prevent Rental Disputes
The best way to manage disputes and confrontations, of course, is to avoid them altogether. Here are a few of the best ways to do that:
- Create Clear and Detailed Lease Agreements
Draft comprehensive lease agreements that clearly outline expectations and obligations of both parties. Consider including clauses on property maintenance responsibilities, specific information around the security deposit and its return, and rules and consequences for late rent payments.
- Conduct Thorough Tenant Screenings
Prevent disputes by choosing the right tenants from the start. Implement a rigorous screening process that includes checking for credit and past evictions, looking at rental histories and conducting reference checks from previous landlords, and ensuring you can verify the tenant’s income.
- Regular Property Inspections
Perform regular inspections to ensure the property is well-maintained and to identify potential issues early. Schedule inspections before a tenant moves in and after a tenant moves out. Conduct a maintenance walk through at least once during the tenancy, and always offer that pre-move out inspection.
Finally, establish expectations with tenants before they move in. Provide tenants with all the information they need to have a pleasant and dispute-free rental experience.
Resolving and preventing rental disputes requires a proactive and strategic approach. By fostering open communication, maintaining thorough documentation, and setting clear expectations from the beginning, you can minimize conflicts and ensure a smoother rental experience for all parties involved.
If you’re looking for additional resources or professional property management, please contact us at Aborn Properties. We’d love to help.