Residential Landlord-Tenant Disputes: Protecting Your Rights as a Tenant

As someone who was involved in a couple of landlord-tenant disputes as a young tenant, I feel that I have a little bit of perspective to offer current apartment tenants before and in the midst of having a problem with a landlord. Here are a few tips that you should keep in mind throughout your lease so that you can protect yourself in case of a residential landlord tenant dispute.

Take Pictures Immediately Upon Move In

Move-in day is so exciting that you sometimes forget to handle the business side of things. Don't be so caught up with trying to decide how to position your couch that you forget to examine the apartment for problems. For example, there may be a small hole in the wall somewhere, or a stain on the carpet. If you don't document this in some way, you could end up being responsible for it when you move out at the end of the lease. In one case, a landlord tried to take my entire security deposit for leaving an air conditioner in the apartment that was already there when I moved in!

So take time stamped pictures of everything that looks "off" about the apartment and be sure to have reliable witnesses there in case you need them to back you up in court later on down the line.

Keep a Journal of Everything that Goes Wrong in the Apartment

Many people may think it's a little obsessive to write down every little thing that goes wrong in their apartment, but when it comes right down to it, written evidence is indisputable in court. If you get yourself entangled in a complicated residential landlord tenant dispute you are going to be so happy that you kept a running list of what went wrong, when communications were made, and what the landlord did about the problem. The judge or arbitrator will look at your testimony as more credible. Also, keep proof of your rent payments in case that issue comes up in your landlord tenant dispute.

Get the Landlord to do a Walk Through

Right before you're going to move out of your apartment, maybe a couple of days beforehand, be sure to get your landlord to come to your apartment to do an inspection. They will be able to estimate how much of your security deposit will be taken for repairs. This way you and the landlord won't be caught off guard.

Take Pictures on Move Out and Bring Witnesses Again

Finally, on move out day, make sure that you take plenty of time stamped photos again, or even video since that is a little more reliable. Bring trusted friends and family to move out day so that they can bear witness to the condition you left the apartment in. A physical witness is an invaluable asset in any residential landlord tenant dispute.

If you follow this advice from the day you move in to the day you leave your apartment, you will do well in the case of a residential landlord tenant dispute.