Being a commercial landlord in Phoenix can be a lucrative endeavor, especially in today’s housing market. If you are a landlord, it is only a matter of time before a dispute will arise between you and a tenant. Must all these disputes be hashed out through litigation in court? Not necessarily. There are many ways you can resolve a commercial landlord-tenant dispute without going to court. The following are some tips for commercial landlords who find themselves facing a dispute with a tenant.
Think rationally
If a commercial landlord-tenant dispute arises it is important to think rationally. First, it can help to have a basic understanding of the laws surrounding your issue. This can ensure you are clear on what your rights are and what your tenant’s rights are. Second, keep your emotions in check. This can be easier said than done if you have a tenant yelling at you. Staying calm can help you address the situation appropriately.
Consider an out-of-court settlement
Even if a tenant is threatening to take you to court, it may be to your advantage to try to settle the issue out-of-court. Sometimes a simple discussion is all that is necessary to resolve the dispute. An out-of-court settlement is quicker and less expensive than going to court to resolve what may ultimately be a minor affair. Similarly, you may want to try mediation or arbitration before pursuing litigation.
Try small claims court as an alternative to a full trial
If you feel your case must go to court, see if it can be resolved in small claims court. The small claims court can cover many commercial landlord-tenant disputes in a more expedient and less costly manner. However, if you feel your case must be litigated, you can do so. If so, make sure you have a paper trail of all your interactions with your commercial tenant.
As you can see, there are many ways to try to work out a dispute with your commercial tenant without having to go to court. Sometimes, though, litigation is necessary. Keep in mind that at any point in the commercial landlord-tenant dispute process you can be represented by an attorney.