How To Handle Landlord-Tenant Dispute?

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Landlord-Tenant Dispute can take many forms — from non-payment of rent to repair issues, unnecessary deductions from the security deposit and potential eviction.

It is always advisable to be aware of your rights as either a tenant or a landlord as it 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.

Common Reasons for Landlord-Tenant Disputes:

Disputes between landlords and tenants happen when there are conflicting interpretations of clauses within the lease agreement. Common reasons for Landlord-Tenant disputes can be listed as follows:

1. Normal Wear & Tear vs Damage:

Usually a tenant is responsible for making repairs that arise on account of normal wear and tear whereas in case of a substantial damage to the property, it is the responsibility of the landlord to repair the same. When the landlord demands money to make repairs and the tenant believes that they aren’t at fault, heated conflict may follow. The problem is that
the line between what’s considered normal wear and tear and actual damage can be blurry. If landlords deduct money from the security deposit for what should be considered normal wear and tear, it leads to dispute between them.

2. Subletting:

Generally subletting is not allowed in lease agreements. However despite the same if the tenant sub-lets the property it leads to disputes between the landlord and the tenant.

3. Non-payment of rentals:

This is the primary reason of disputes between a landlord & a tenant. In cases where tenant delays payment of rentals or does not pay them at all, the same is bound to lead to a conflict.

4. Maintenance of Property:

Tenancy agreements usually outline a clause that explains the tenant’s responsibility for keeping the property clean and tidy.Landlords would want the tenants to leave the property in the same condition when they vacate. Should the tenants leave the property in an unacceptable condition, the landlord has the right to withhold the original deposit and use these funds for repairs and cleaning services. If however the deductions to the deposit are unfair and unjust, it can lead to disputes.

Also Read: Difference Between Lease Agreement and License Agreement

What steps can be taken to avoid Landlord-Tenant Disputes?

  • Study the lease terms of the rental agreement carefully and know your legal rights and responsibilities according to local laws.
  • If there is a problem on either side, make sure to notify the other party immediately and be open and honest in all your dealings.
  • Document all correspondences regarding any issues with the property or the tenancy.

When should I seek intervention of the Court in resolving a Landlord-Tenant Dispute?

Not all landlord-tenant disputes can be settled by a simple conversation between both
parties to the lease. However, when communication breaks down, the only option left is to approach the Court in order to resolve the landlord-tenant dispute.

Conclusion:

The most important thing to remember as both a landlord and as a tenant is that
contracts/agreements are lawful and binding. As long as terms are made clear in the
tenancy contract/agreement, both parties must fulfill their responsibilities as per the
agreement.

In order to know more on how to handle a landlord-tenant dispute write to us at
easykanoon@gmail.com.

About The Author:

Gaurav Sharma is the Founder of Easy Kanoon & is a legal consultant with more than 10 years of experience.

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