Negotiating Your Agreement

WRITE IT DOWN!

The difference between winning and losing an eviction battle or a suit for money damages is often that the winning party (landlord or tenant) made a written note of what happened, wrote a confirming letter, or had the agreement in writing. The dispute often comes down to convincing a judge that your version of the facts is true. If you have taken the trouble to write it down, you have a great advantage, particularly when a long time has passed since the critical events took place and memories have faded.

Whenever possible, gently insist that agreements be put in writing, "to avoid misunderstandings later." It doesn't have to be a formal document to serve as evidence of an agreement. All you need is to make it legible, dated and signed by the parties who agreed.

Even if you don't have a signed, written agreement, you can still have a record by sending a letter to the other party stating the nature of the agreement. Depending on the circumstances, you may need to have proof of delivery of your confirming letter. In that case, send it by certified mail, with a return receipt requested.

If an incident occurs which may be important later, take the precaution of recording a note stating the date, time and location of the event; the participants; and, if applicable, what was said. If that incident later becomes a dispute, your note may help make you a more convincing witness.

Best of all, the practice of writing it down may avoid disputes that end up in court. A confirming letter or a note that you have made may be all that is needed to resolve a brewing conflict with your landlord or tenant.

Best of all, in a landlord/tenant situation, is to have a written rental agreement or lease signed by both parties. The agreement should include important details such as: rules about roommates, pets or visitors; whether subletting is permitted; and a list of all amenities that are provided with the unit and included in the rent. It is also a good idea for landlord and tenant to "walk-through" the unit at the time of rental and make a note of any existing damage or other articles of importance that either party wants on the record.

This page was last modified on 07/03/2008