Before you “lawyer up,” try to negotiate a resolution
Civil law is just dispute resolution with judges. With that in mind, it always makes more sense to resolve your dispute without using the court system, if you can. This may not always work, but it’s worth a try.
When I first talk to clients, especially tenants involved in a dispute with their landlords, I always ask whether they have talked to their landlord about the problem they are having. More than half have not even spoken to their landlord or property manager. They got a letter demanding a late fee, or need repairs done, and the first step that occurred to them was to call a lawyer. On the one hand, it’s good to do a little research. On the other, a lawyer–and the court system–are usually the least efficient and most expensive way to solve a problem.
If you are a tenant having trouble with your landlord or property manager, don’t wait. Address the problem as soon as it is a problem. Schedule a meeting with them. Draft an agenda for the meeting beforehand. Just jot it down on a notecard or piece of scrap paper, and when you get to the meeting, let the person you are meeting with know what you want to address. Be organized.
Landlord-tenant disputes are often upsetting. But remember, this is where you live. You probably want to keep living there, and it would be easier to do so if you are on good terms with the person in front of you. Stay calm.
Take notes. If you or the landlord or property manager need to do something next in order to correct the problem, make a note of that, and set a date when you can follow up. Then follow up on time.
One of the most important things in any contractual relationship, like a landlord-tenant relationship, is to document everything, especially disputes. Send a letter the next day confirming the conversation, the steps the landlord or property manager agreed to take, and the date they agreed to take those steps by. Do the same for anything you need to do, and provide any information you were asked for. This will give you a “paper trail” if you ever do need to take the matter to court.
If you have tried to work the problem out yourself, and it is not working, either because the other person won’t schedule a time to meet with you, or because they refuse to correct the problem, then it may be time to call a lawyer. Gather all your information, your notes, and your records, and call to set up a meeting to discuss your problem.
