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No one wins with eviction. They are costly, emotionally and financially. All the landlord wants is for the tenant to stay, pay and take care of the property. And all the tenant wants is a functioning, clean and secure environment.

 

Mediation may be the ideal solution to bridge the gap.

 

Landlord-tenant disputes are amongst the most common type of conflict negotiated by mediators, usually due to tenants failing to pay rent. Though all rights and obligations of landlords and tenants should be spelled out in the lease agreement, disputes requiring legal intervention often arise.

 

An example of a common circular dispute involves tenants withholding rent payments due to what they perceive as their landlord’s dereliction of duty, while the landlord moves to evict due to the tenants’ delinquent payments.

 

Often, many landlords and tenants turn to mediation to explore mutually acceptable settlement alternatives. When choosing this alternative, mediators and disputing parties should consider:

 

• Implication of relevant state laws

• Implication of terms outlined in the lease agreement

• Establishing a rent payment escrow account

• Creating acceptable terms for tenants to cover delinquent payments

• Creating acceptable terms for landlord to make reasonable repairs