Repairs to Rental Property Disputes in Coral Gables

When renting property, the lease document can often be long and detailed, with lots of complex jargon. The lease is supposed to explain what will happen in certain scenarios and how responsibility for the property will be divided between the landlord and the tenant, but it can be difficult to understand and might not account for every possible situation.

As a result, repairs to rental property disputes in Coral Gables can lead to prolonged conflicts over who must pay for and execute repairs on the premises. A well-practiced landlord and tenant dispute attorney could help with the process so you don’t go it alone.

Repair Disputes and Leasing

Clarity in drafting a lease can be key to avoiding disputes down the line. For example, a lease may clearly lay out whether a tenant or landlord agrees to make repairs at the beginning of the lease, during the term of the lease, or at termination or expiration. For example, a lease may create an allowance for a tenant to make certain alterations before taking possession and let rent abate until those alterations are complete.

A lease may also contain terms specific to natural disasters and casualty events, including insurance requirements and procedures for repairing or rebuilding a property (or choosing to terminate the lease instead). However, there could still be uncertainty for unspecified repairs or overly broad provisions.

A tenant might consider withholding rent until a landlord makes a repair, but notice must be given for the needed repair and withholding rent in advance. Withholding rent could be appropriate if a lack of repair affects the habitability of a residential space. Still, commercial tenants will likely need to follow different rules and look to the terms of the lease for remedies first, including making repairs and charging the landlord for the expense.

For disputes involving rental property repairs, hiring a Coral Gables lawyer could help prevent costly mistakes, especially if a lease provides for the losing party in litigation to pay the costs and fees of the other party.

How an Attorney May Help With a Repair Dispute

As a first step, a lawyer could review the applicable commercial or residential lease to determine what each party’s responsibilities should be. Of course, sometimes actions have already been taken, but reviewing the base agreement is a necessary part of figuring out what to do next.

An attorney could also negotiate with the other party after evaluating the relevant facts and legal issues surrounding the repair dispute. In the interest of continuing the rental relationship or avoiding active litigation, one or both parties may compromise and settle a dispute through payment, performance, or both to resolve the issue amicably.

If all else fails, an attorney could file a lawsuit and advise a party in a repair dispute on how they should proceed, such as by withholding rent or making a repair as forms of self-help. A lawyer familiar with the courts in Coral Gables and the real estate community knows how to resolve repairs to rental property disputes while protecting a landlord or tenant from negative consequences.

Learn About Rental Property Repair Disputes From a Coral Gables Attorney Today

Making repairs to a property should be part of routine maintenance, but complications over who will make the repair and pay for it can threaten your ability to do business going forward. Hiring an attorney to handle repairs to rental property disputes in Coral Gables can head off a problem before it escalates.

With experience in real estate and tenancy law, Jacqueline A. Salcines could guide you through a repair dispute based on your lease and circumstances. To learn more about resolution options for your specific dispute, schedule a consultation today.