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Whatever "It" Is - Put It In Writing!

By
Real Estate Broker/Owner with KGC Properties LLC, Tucson Property Management & Real Estate

Listening to the local news a few days ago, a portion of the broadcast was dedicated to a call in for "landlord/tenant" issues.  Local tenants could call in and get free advice to help resolve issues.

The top two rental disputes between a landlord and a tenant?  Security deposit and repairs. 

The top statement that tenants use to try and get the landlords attention?  I'm calling an attorney.

The top question your attorney will ask?  Have you talked to your landlord and put it in writing?

With all landlord tenant disputes - the number one thing a tenant needs to do is "know the law" (same applies to landlords) and the law states, "It must be in writing." Whatever "it" is.

But the best thing to do is resolve the issues before "it" gets to that point:

Talk - communicate - face to face is best.

Be reasonable - for example, you have a rule that repairs will be done within 24-48 hours. but if the AC breaks in Arizona - that needs to be fixed right away.  On the same issue, if you are a tenant, understand that it might take a few hours to get a repair person to the house to fix the AC.

Take responsibility - usually responsibility falls on both sides if there is a dispute or problem.

Compromise.

If you can't do any of the above - get a mediator to help resolve the issues.

Put all of the above in writing.


Posted by

Buying or selling Tucson real estate, Mt Lemmon, Tucson bank-owned homes, Tucson rental homes, or Tucson lease option homes? Visit www.KGCPropertiesLLC.com .

                                                 

 

This blog is written with my opinions and my opinions are  presented with accuracy but not guarantees. Please talk to a professional before making any real estate, financial or agency decisions.    Gabrielle Kamahele Rhind - 2014. If you want to reprint parts of this - just email me for my permission: KGCProperties@gmail.com .

 

Comments(30)

Anthony Daniels
Coldwell Banker - San Francisco, CA
SF Bay Area REO Specialist

One strategy, often employed by sleazy types, is to negotiate verbally, with nothing in writing.

Falling for such tactics portrays the agent as inexperienced and exposes the client to risk or loss.

Good post, thanks for sharing it.

Sep 04, 2012 02:38 AM
Nan Jester
Exit Real Estate Gallery Jacksonville Beach, FL - Jacksonville Beach, FL
Realtor, Exit Real Estate Gallery

Written word is ALWAYS better. Being specific is critical.

Sep 04, 2012 02:57 AM
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

Very well put.  Memories often fail but when it's in writing, everyone should have a copy! 

Sep 04, 2012 03:03 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good afternoon Gabrielle,

These are excellent words to live by! Congratulations on the well deserved feature!

Sep 04, 2012 03:32 AM
Kim Boekholder Utah Real Estate/ PECO
Results Real Estate 801.580.5624 - Draper, UT
Broker Results Real Estate/Leasing Specialist PECO

Isn't that the truth.  Memories will tend to sway and change based on who is doing the remembering 

writing is the only way to go for sure! 

Sep 04, 2012 04:00 AM
Bruce Kunz
C21 Solid Gold Realty, Brick, NJ, 732-920-2100 - Howell, NJ
REALTOR®, Brick & Howell NJ Homes for Sale

Great Post, Gabrielle!  The combination of having a written agreement, being reasonable, and <gasp> taking responsibility definitely makes life easier overall.
Bruce

 

Sep 04, 2012 04:01 AM
Eileen Hsu
Douglas Elliman Real Estate - Manhattan, NY
LICENSED REAL ESTATE SALESPERSON

Tenant Landlord disputes are never fun to resolve, but your input that putting everything in writing will definitely make the dispute more clear from the onset.

Sep 04, 2012 04:10 AM
Sandy Acevedo
951-290-8588 - Chino Hills, CA
RE/MAX Masters, Inland Empire Homes for Sale

Hi Gabrielle, truer words never spoken. This is especially true in real estate, otherwise it has no meaning!

Sep 04, 2012 04:13 AM
Mike Yeo
3:16 team REALTY - Frisco, TX

Great post, Gabrille. The best is to put everything down on paper. We even go to the extend of putting serial number of anything that we convey in the transaction. :)

Sep 04, 2012 04:58 AM
Tammie White, Broker
Franklin Homes Realty LLC - Franklin, TN
Franklin TN Homes for Sale

While I appreciate Michael's comment above about video tape everything, most people won't stand for that. I sometimes wish it were that easy to resolve a dispute.

Sep 04, 2012 05:20 AM
Bill Gillhespy
16 Sunview Blvd - Fort Myers Beach, FL
Fort Myers Beach Realtor, Fort Myers Beach Agent - Homes & Condos

Hi Gab,  Including some pics or a video will also help document things.

Sep 04, 2012 05:20 AM
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

All property managers must put everything into writing and take great notes to avoid future conflict

Sep 04, 2012 05:35 AM
Gabrielle Kamahele Rhind
KGC Properties LLC, Tucson Property Management & Real Estate - Tucson, AZ
Broker/Owner

I first want to thank Active Rain for another feature - I feel very special and lucky to write posts that are thought to be "yellow star" quality!  I am humbled and appreciative!

HI BILL!  Yes - pictures and move in checklists with details are wonderful "in writing" documents!

HI TAMMIE! Disputes aren't always easy to resolve - with open lines of communication - it would make it easier.

HI MIKE!  Now that is detail - with appliances - especially new ones that is a great idea!

HI SANDY!  Thanks so much for the comment - it's unfortunate that things need to be in writing but they do! 

HI EILEEN!  Some definitely harder than others - money disputes are usually the harder one!

HI BRUCE!  Ha ha ha!  Love the gasp!

HI KIM!  Yes - reminds me of the old saying, "He said - she said!"

HI DORIE!  Thank you so much - I am very humbled by the feature - it means alot to me!

HI SILVA!  Danke schoen!

HI NAN!  Yes - being specific is critical!  Thanks for the input!

HI ANTHONY!  Even if it's something small - it sadly needs to be placed in writing - not much can be done on a handshake anymore!

HI MICHAEL!  Agreed - thanks for the extra reminders!

HI TATYANA!  Agreed as well - thanks!

HI ERICA!  Isn't that the truth!?

HI MELISSA!  Yes - attorney's will eventually cost more than what people go to court for in the first place! Great advice to everyone!

HI GREG!  Agreed - this applies in many situations!

HI MICHAEL!  It's hard to dispute a video isn't it?  I still use "tape" too - record brings to mind "sound" - but anyway - this too is a good way to document!

HI TERRI!  I think you are right - people dispute it - even in writing, or video, etc.!

HI BARBARA!  I know you do - I know you hated being a landlord!  you make me laugh so much!

Sep 04, 2012 06:25 AM
Wayne Bennett
One Home Team Realty/Charlotte,NC 704-293-3931 - Charlotte, NC
Real Estate...As It Should Be

I agree, document everything.  I'm a landlord and I also document all emails and communication I have with my tenants during their term of lease.  I also video tape the walk thru with them prior to moving in and moving out.  I've learned the hard way to cover my rear end.  Good post and content

Sep 04, 2012 07:26 AM
Rosalie Evans
Meritus Group Real Estate - Sioux Falls, SD
The Evans Group, Sioux Falls, SD Homes For Sale

A wise man once told me that a verbal agreement is not worth the paper its written on! It is amazing how many people leave out important details that should be on addendums!

Sep 04, 2012 08:41 AM
David Burrows
Classic Realty - Fairfax, VA
No Pressure, Just Seriously Devoted to Real Estate

I agree, get it in writing, get it in writing and make sure you get it in writing. I also agree that many disputes can be avoided by simply endeavoring to communicate - talk about it. Nice post today.

Sep 04, 2012 09:00 AM
Lloyd Binen
Certified Realty Services - Saratoga, CA
Silicon Valley Realtor since 1976; 408-373-4411

That makes sense to me.  Put it in writing otherwise it doesn't count.

Sep 04, 2012 12:20 PM
Gary Frimann, CRS, GRI, SRES
Eagle Ridge Realty / Signature Homes & Estates - Gilroy, CA
REALTOR and Broker

Reminds me of one of my favorite sayings-- "What does the Contract say?"

Sep 04, 2012 03:25 PM
James Dray
Fathom Realty - Bentonville, AR

Morning Gabrielle and congrats on the feature.  As my supervisor said when I was in law enforcement if it's not in writing it did not happen

Sep 04, 2012 07:49 PM
Cara Marcelle Mancuso
Golden Girls with SW Desert Homes - Tucson, AZ
Call a Marana neighbor, I'm THERE!

Great points - having IT in writing trumps all arguments.  Congratulations on the feature.

Sep 10, 2012 12:55 AM