How to Handle Disputes With Your Landlord

By Zy Mazza

For the most part, landlords tend to be pretty fair. They may not always do things the way that you like, but they usually have good reason for doing things the way that they do.

Even so, there are some times where landlords can do things that aren’t great. In those cases, it’s important to know how to handle the situation.

Here are a few scenarios:

1. They change the locks

No matter how fierce the conflict between you and your landlord, this is outright illegal.

Late on the rent check? Left the property in shambles? Had a serious a verbal altercation? None of this constitutes a valid reason for a landlord locking their tenant out without warning and without going through the proper legal channels.

The eviction process is lengthy and tedious–a landlord may hope to cut corners by simply kicking you off the property.

Luckily for you, this cannot be done and the landlord now runs the risk of some serious legal entanglements. The tenant can sue for the cost of temporary lodging and any related expenses that accompanied the lockout. Call the clerk of your local Superior Court to make sure the landlord didn’t file an eviction against you.

If they did, and you believe you weren’t served, seek legal help right away. In the event that you are locked out without a court ordered eviction, contact your landlord first to let them to let them know they are legally obligated to let you back in. If your landlord doesn’t comply, call the police for assistance and if possible provide a lease for proof of residence.

If these methods aren’t successful, consult an attorney. Whether or not you can sue in a small claims court is dependent on your state.

2. They raise the rent

If a landlord raises your rent before your lease is up, you can refuse to pay it. Without a lease, they can legally raise your rent at any time, with proper notice of said increase. They cannot raise it, however, if it is in retaliation of you asserting your rights as a tenant.

Retaliatory rent increases can be the result of a number of things, including filing a lawsuit/complaint against the landlord, joining a tenant’s union, or reporting a violation of the state Sanitary code or other housing laws.

The only raise that is legal within the terms of a lease is a raise caused by an increase in property taxes. Check your lease for  a “tax escalator clause”, which dictates that an increase in property taxes justifies a raise in rent.

3. They withhold your deposit

There is considerable allure and excitement that accompanies moving out of your residence. In addition to a swanky new pad on the west side, you will be getting back your security deposit. In the event that you don’t receive your security deposit or an itemized list of deductions within 30 days of moving out, you can send your landlord a security deposit demand letter.

This letter serves as a reminder that they must pay you triple the deposit amount if they refuse to return it when due. This gives them the chance to return the deposit with taking the issue to a small claims court.

If you believe they are going to withhold the deposit in spite of you leaving the apartment in good condition, request that an inspection be done while you are present, and have a friend or third party present as well. If there is a dispute about what to deduct from the security deposit, take pictures of the areas of purported “damage,” these can be included in a deposit demand letter or in court.

If you choose to take your landlord to court and they choose to accuse you of causing damages to the apartment, they must file those accusations in a separate lawsuit.

4. They don’t make minor (or major) repairs

So the fridge has been on the fritz for three days and you’ve yet to see any action on the part of the person who collects your rent check every month. There are a handful ways to confront the problem of an idle landlord who is letting your apartment fall into a state of pitiable decrepitude.

Some states implement landlord tenant laws that place the responsibility directly on the landlord’s shoulder, you can reference them if he/she is slacking on their repair duties.

In some cases, look no further than your own lease for proof that the responsibility is indeed theirs. If the problem significantly violates the building code (we’re talking something that puts general habitability in jeopardy), you might get assistance from a government agency that enforces it.

Check out your state’s building code for reference. If neither legality nor the lease are on your side, if there are no written stipulations that they are obliged to fix whatever is broken, you can make a written appeal to the appeal. Here you can make clear that it might be less costly to fix the problem now, if applicable suggest that the issue made lead to injury and thus a lawsuit.

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