Resolving Landlord and Tenant Disputes: Legal Insights for a Smooth Resolution

Under Pennsylvania law, tenants have a number of rights. These include:

• A right to a habitable environment – This includes ensuring there is running water, heat, and no animal or insect infestations. It also means that a landlord is required to make necessary repairs.
• A right to reasonable accommodation – Tenants are entitled to ask for reasonable accessibility accommodations including handrails, ramps, and other accommodations.
• A right to privacy and peaceful enjoyment of the premises – Tenants have a right to privacy without unreasonable interference from the landlord.
• A right to due process – Tenants have the right to seek due process for their disputes, including access to arbitration or litigation.
• A right to withhold rent – Tenants may withhold rent for breach of the lease, so long as the statutory procedures regarding escrow are followed.
• Freedom from retaliation – Tenants have some protection from landlord retaliation, though Pennsylvania jurisdictions vary on their rules and requirements.

Landlords also have rights, though these are typically set forth in the lease or rental agreement. A Harrisburg real estate lawyer can help you understand the next steps that make sense for your situation.

Common Landlord/Tenant Disputes

Common landlord/tenant disputes include the following:

• Late payment of rent
• Unauthorized tenants
• Responsibility for repairs and maintenance
• Noise complaints
• Pet-related issues
• Health and safety violations
• Fair housing and discrimination issues
• Security deposit disputes

In some cases, the resolution should be clear. For example, if a lease specifies that no pets are allowed, and the tenant has an indoor cat, the tenant is clearly in violation of the lease. However, other cases may be more nuanced and it’s not immediately apparent which party should prevail.

How to Resolve a Dispute

In our experience, landlord/tenant disputes can frequently be resolved simply by talking openly and respectfully about the issues in question. Where possible, we suggest that the parties meet in person at a neutral location.

Whether you’re the tenant or the landlord, identify what you perceive as the problem and describe the concrete, practical aspects of what you’re trying to accomplish. Acknowledge that everyone has a unique point of view. For example, a water spot on the bedroom ceiling that the tenant views as a potential black mold problem may be viewed by the landlord as a minor, old water stain that doesn’t rise to a health and safety violation.

If you’re unable to come to a resolution of the dispute, the next step could be to invite your lawyers to attend a non-confrontational meeting with you. They will be able to review the contract and offer an opinion on the respective strengths and weaknesses of each party’s perspective.

In the absence of a resolution at that stage, you might consider mediation. In mediation, a neutral third-party mediator tries to clarify the issues, help each party better understand the other’s position, and develop possible solutions.

If none of these scenarios work, arbitration and litigation are options, but often those are too expensive, complicated and time-consuming for the dispute at hand.

Contact One Oak Legal Today

Real estate issues, and in particular landlord/tenant disputes, can cause you a big headache, but in most cases, there’s no reason that they should require complex and expensive legal solutions. Contact us at One Oak Legal to help you develop a strategy that makes sense for you.