MEDIATING LANDLORD/TENANT DISPUTES

I once received a call from a property owner who was in the process of evicting a tenant. The renter proposed mediation to resolve their dispute, but the owner asked why would a landlord who follows the law want to mediate since the outcome is set?

Most tenants are decent people, but occasionally things can go wrong—really wrong. One landlord had rented a house to a couple who became months behind in their rent. He received numerous complaints from neighboring units about noise and cleanliness. Having years of experience, he knew all the laws and regulations that apply to eviction and followed them precisely. When the landlord got the property back he found light fixtures were removed, graffiti was on the walls, and cement was poured down the toilets. The tenants were long gone and couldn’t be located. That’s one case where mediation probably could have prevented such a drastic situation and lead to a different outcome.

Occassionally renters facing eviction reach out for mediation but often without understanding what it can actually do for them. And landlords who know and follow laws and regulations believe mediation only benefits tenants. However, about half of landlord-tenant disputes end with an agreed upon move-out date. Those agreements save dollars for the landlords and give the tenant a positive rental history.

Mediators with experience in such sessions report that in most cases the parties don’t dispute the facts and appreciate the opportunity to have a non-confrontational discussion.

The message for other types of disputes is that even when you believe you are going to win, mediation can save you time and money while offering some benefits to the other party as well.