Avoiding Tenant Disputes

Every landlord wants to avoid disputes with tenants. Disputes can lead to litigation – and litigation is expensive. There are a few simple things that landlords can do to reduce their risk of a dispute with a tenant.

The most effective solution is getting good tenants in the first place. Screen each and every potential tenant for credit history, criminal convictions, and evictions. Set your application standards and stick to them (i.e., don’t fall for any “hard luck” stories). There are certain restrictions on what may be considered in the application process, so consult an attorney on the specifics and use a good set of tenancy application forms. (NOTE: Search online for Oregon landlord trade associations that sell forms.)

After you approve an application, make sure that the tenant signs a written rental agreement, rules, and any other rental documents BEFORE taking possession of the rental unit. While it is possible to establish a tenancy without any rental documents, it is always more difficult to handle potential disputes without written documentation. Don’t agree to any “informal” tenancy arrangements – they typically lead to disputes.

After the tenancy begins, be responsive to any complaints by the tenant concerning the condition of the rental unit. For example, send a handyman or contractor over to address any habitability problems reported by the tenant. While there are limits on what constitutes a “habitability” issue affecting the actual livability of the rental, err on the side of making repairs unless the tenant’s repair demands become unreasonable.

Finally, treat your rental like the business that it is. If rent is due on the 1^st day of the month, then issue 10-day nonpayment notices on the 8^th day of the month if the rent is late, as allowed by Oregon law.  Address any tenant violations (i.e., unauthorized occupants, pets, maintenance issues, etc.) as soon as you learn of them by issuing an appropriate eviction notice requiring the tenant to correct the violation. While it might not be possible to avoid all tenant disputes, addressing problems as soon as they arise will greatly improve your legal position if you end up in court.