This article was published in Forbes on April 30th, 2024.
Over the course of my 30 years in property management throughout the Los Angeles area, I’ve seen plenty of tenant-landlord relationships turn sour and end up in the courtroom. We’ve had luxury properties turned into party houses by reckless tenants. We’ve had other tenants hold onto thousands of dollars in rent because of messy, ongoing divorces. I even had a friend in the business who had a lawsuit between a landlord and tenant that revolved around how a tenant frequently cooked massive amounts of garlic, and the smell was driving the surrounding neighbors from the building.
Most tenant-landlord relationships are perfectly stable and mutually beneficial when our job is done right, but inevitably, the courtroom has always been the final step in resolving an irreconcilable dispute. As an owner or property manager, it’s essential to know the best steps you can take to protect your business as well as the key strategies for avoiding the courtroom altogether to avoid ending up as one of those “ripped from the headlines” episodes of Law & Order.
Of course, I have to say from the start that I’m not a legal professional, and anyone seeking legal advice should contact a certified attorney who has experience with real estate disputes. Now that that’s out of the way…
Most Common Disputes
While there are countless types of real estate-related disputes, from those concerning fair housing laws to lease violations, by far the most common type of legal action I see between owners and tenants are unlawful detainers or evictions, and the most common reason I see for them is unpaid rent.
When cases like this occur, your first instinct might be to do a quick Google search for the closest attorney with the cheapest rates that pumps out the most resolutions, but that isn’t necessarily going to be the best strategy in all cases. Eviction mills can process an uncontested case, sure, but if it is contested, you’ll want an experienced team that can handle the pressure of litigation.
Preparing Yourself For Court
Once you’ve chosen a legal team, it’s time to start gathering whatever evidence you have for the case. While every case is different, the best way to prepare for a legal dispute is to ensure strict document and filing protocols with your property management team to make sure everything is recorded and available as evidence.
In a perfect world, there would be no text messaging with tenants, and all communication would be done through email correspondence or letters. Texting is an informal platform where correspondence could easily be missed and therefore interpreted as ignored. Property managers and owners should always have tenants use portals to submit repair requests through official channels.
Keeping proper records is the best chance you have to get the result you want in the courtroom, but I believe the best way to keep yourself out of the courtroom in the first place is by taking educational courses.
Keeping Yourself Educated
For licensed real estate professionals, there are mandatory educational requirements we have to fulfill to keep our licenses, so that we’re always up to date on all of the evolving policies and procedures in our field. However, if you’re a property owner, no such requirements exist for you.
That’s why it’s essential to make an extra effort to keep yourself informed. One of the best ways to do that is to seek out educational seminars by the same legal experts that would best represent you in court.
Many law firms offer courses to owners and property management professionals detailing the most recent changes to local real estate regulations, so if you can’t remember the last time you or your management team brushed up on those legal matters, it might be time to hit the books.
Knowing that you’re fully educated on the local ordinances with the full protection of a solid legal team behind you will help you sleep much easier at night: no more nightmares about the litigious chef tenant pumping garlic down the property hallway.
The information provided here is not legal advice and does not purport to be a substitute for advice of counsel on any specific matter. For legal advice, you should consult with an attorney concerning your specific situation.
