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What Are the Common Causes of Lease Disputes?
Many factors could contribute to landlord-tenant disputes. They range from disagreements on the terms of the lease to how each interprets the proper maintenance of the rental or commercial property. There are many reasons a lease dispute can arise, which is why it is important to have a seasoned San Francisco CA lease lawyer by your side to explain the common causes of lease disputes that happen between landlords and tenants.
Nonpayment of Rent
The most common landlord-tenant dispute involves nonpayment of rent. To help prevent disputes for payment of rent issues, the landlord needs to ensure that the tenant understands when rent is due and what date it is considered late.
Breach of Lease Terms
Before you move into a rental property, you must sign a lease agreement that includes the terms of what you must do as a tenant. These terms bind both the landlord and the tenant, and either can be held legally responsible if the terms of the lease are violated.
A breach of lease agreement happens when the landlord or tenant breaks one of the provisions set out in the lease document. It is important to follow the terms and conditions of your lease. Failure to do so may lead to eviction.
Every tenant has a right to habitable premises. Landlords are required to provide clean, safe, and sanitary premises. In addition, they are also responsible for making timely repairs, correcting defective conditions, and complying with safety and health codes for rental units. This includes ensuring utilities like running water and electricity are functional, and repairing potential hazards like broken floorboards or exposed wiring.
If a landlord fails to maintain the property in habitable condition, the tenant could withhold rent and could use the rent money to pay someone else to repair the property. A tenant could also break a lease in some circumstances when a property is not habitable.
How Do I Avoid Lease Disputes?
The best way to resolve disputes is by avoiding them before they even begin. Breach of the lease agreement, non-payment of rent, potential eviction, repair issues, tenant rights are some of the landlord-tenant issues that we want to avoid. There may be disagreements, but these are best handled outside of court. A top-ranking lease lawyer in California can guide you on how to avoid lease disputes and possible litigation.
Know the terms of the lease agreement.
Whether you are a landlord or a tenant, you must carefully study the terms of the lease agreement. A well-drafted lease will help avoid any disputes in the long run. The lease outlines basic legal parameters of the landlord-tenant relationship, protecting the interests of both parties. Many problems arise because one party does not know that they have broken the lease agreement, or they’re unaware of their rights under the law. It is vital to know your legal rights and responsibilities according to federal, state, and local laws.
Document everything about your landlord-tenant dispute.
Make hard copies and notes of all correspondence regarding any problems with the property or the tenancy. Keep a file on each tenant and record everything that transpires. For example, if your tenant has repeatedly broken the rules of your lease agreement, your documentation can help prove your case.
Maintain open communication.
The best way to handle a landlord-tenant dispute is through communication between both parties. It is important to maintain open communication through the entire process from signing the lease until its expiration. Many problems with landlords and tenants can be solved if the issue is discussed thoroughly on both sides. 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.
Some lease disputes cannot be solved by communication alone. Hiring an independent, third-party mediator can help establish a resolution, although mediators don’t have the authority to bind either party to an agreement.
Consider Small Claims CourtIf necessary, landlord-tenant disputes can be settled in a small claims court. Cases in a small claims court must involve monetary issues, such as past-due rent or a security deposit that hasn’t been returned. This option is usually cheaper than going to civil or criminal court and may lead to a quicker resolution.
Speak to Experienced San Francisco Lease Lawyers Now!
The state laws governing landlord-tenant relationships are complex. Resolving disputes can be difficult to handle on your own. Keep in mind that you don’t have to deal with all these issues alone. Having legal experts on your side before you sign anything or negotiate on your behalf is highly recommended. Our competent San Francisco lease lawyers at Steven Adair MacDonald & Partners P.C. can help you avoid lease disputes and save you from litigation.
Our California real estate law firm helps our clients avoid mistakes that lead to disputes and we work to resolve them if they do arise. We consider all possible factors to help draft lease agreements that are mutually beneficial to the tenant and landlord. This will avoid problems and disputes between landlords and tenants over time.
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Real Solutions for Real Estate Problems
Real Solutions for Real Estate Problems
“The truth is, 99 percent of cases do not go to trial. The two sides eventually come to an agreement and settle. We know this from the thousands of cases we have handled. Therefore, we critically analyze our client’s situation to see if we can help them find an agreement earlier rather than later. The difference will mean enormous savings in time and legal fees.
We will do everything in our power to successfully resolve your landlord-tenant case or real estate dispute in as little time as possible. We have the resources to take on complex real estate cases and the size to keep you from becoming more than just a case file.”
Steven Adair MacDonald
& Partners, P.C.
& Partners, P.C.
There are two sides to every story —
let yours be heard.
Steven Adair MacDonald & Partners, PC
870 Market Street
San Francisco, California 94102
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