When there is landlord tenant dispute, regardless of which side you are on, you want to have the dispute end quickly and comfortably. However, not all incidents will have the two parties come to an amicable agreement, and will instead go to litigation. But how common is this, exactly?
How common is it for a landlord tenant disputes to go into litigation?
Ultimately, as discussed above, no one wants to go to litigation if they can help it. If you are in the wrong, you ideally want to mitigate risk the best you can. For a landlord in that kind of situation, they absolutely want to settle the matter out of court, so long as they consider it a reasonable outcome, of course. Going to litigation for landlord tenant dispute is just a terrible headache and may prove more problematic for one or both sides than settling out of court. Sometimes, however, there are incidents where one or both parties are unwilling to come to a compromise, leading to the situation escalating.
One of the best things you can do during this kind of situation is to seek out help with dispute resolution or litigation from a trusted partner. Even if you expect that you will come out of this relatively cleanly, one should never assume that the cleanest route is going to be the one that you take. Sometimes, things may just go completely and utterly poorly for reasons outside of your control. Not only that, but a lawyer with experience in dispute resolution can do a world of good to help prevent escalation as well as getting you what you want — or, failing that, a compromise that you are satisfied with, if you are willing to compromise on the matter. In the event that the situation escalates to litigation, it is also beneficial that you have someone on your side that was on your side in the first place. That way, you do not have to get your attorney up to speed at the litigation process, as your attorney will know just as much as you do, more or less.
The benefits of having a lawyer in disputes
For a tenant, going to the litigation process may be that much more harmful to them than the landlord, depending on how much money they each have, thereby incentivizing a settlement to avoid going to court. A good attorney can do a lot to help their client keep from having to go that far; for example, your attorney can be the one to discuss the matter with the landlord and/or their attorney. This may help deescalate the situation, making your desires clear and concise while cutting through any unneeded information. Having an attorney can also communicate that you “mean business,” leading the landlord to become more amenable to negotiate and possibly acquiesce to your demands. Make sure to work with your lawyer to pen up a letter containing your grievances with your landlord and/or your residence. Whether this is due to an untoward behavior by your landlord or a problem with your residence that the landlord has failed to address despite being notified in the past of this. Make sure to get as close to the exact date of any correspondence you have had with the landlord, especially if you can cite correspondence through mail, email, text message, etc. Make sure to send it by mail with a return receipt requested so that you can prove that your landlord received this letter. Also make a copy of it before you send it, in the event that it is lost or destroyed by the landlord.
The next step in landlord tenant dispute will be to arrange a meeting, though make sure that you pick a neutral location and prepare all relevant documents. When you do have your meeting, being kind, courteous, and clear is going to make a lot of headway; people are not exactly inclined to want to compromise with someone who disrespects them. Also be sure to respectfully listen to the landlord, as the landlord may have a valid reason for what they did or did not do, and indeed, it could just be a misunderstanding that can be cleared up with a civil chat. Attorneys that specialize in dispute resolution are a major factor in keeping litigation relatively uncommon.