When I mediate Landlord/Tenant cases in court, one of the first questions I ask is: Have the two of you tried to resolve your dispute on your own, before coming to court?
More often than not, the answer to that simple question is a straight No or an eloquent silence. And when I meet each party in private session, this is a typical scenario that transpires.
Private Session with Landlord
Landlord: For four years, I was very pleased with my tenant. She always paid the rent — on time and in full. And then, suddenly, she stopped. She didn’t pay the last two months, and that’s why I filed a claim in court.
Mediator: When she started not paying the rent, did you ask her why?
Landlord: I felt uncomfortable asking her directly… she seemed so worried, busy. But I did leave two short messages on her answering machine about the back-rent, and she didn’t bother to call me back.
I hate the idea of having to find a new tenant. But what at this point can I do…
Private Session with Tenant
Mediator: According to your Landlord, for four years you were the perfect Tenant, always paying the rent on time and in full. But in the last two months something changed…
Tenant: In the last two months I have been through hell. My husband filed for divorce, and I had to spend a lot of money to hire a good attorney.
Mediator: That must have been a terrible experience… Did you let your Landlord know?
Tenant: No… I was embarrassed, ashamed. I didn’t know how he would take it, and frankly I didn’t even know whether he cared at all about my personal situation. He did leave me two messages, but they were very short, and only about his rent. He didn’t even bother to ask how I was doing – nothing.
I hate to find another place, but at this point what can I do…
What Happened Next
If Landlord and Tenant can finally talk to each other during mediation, they can usually work things out. Not only can they can negotiate a reasonable payment plan to take care of the back-rent. But they also start seeing each other in a new, better light.
Other times, though, it is just too late.
Bottom line: The more Landlord and Tenant can communicate openly, the less the risk that they end up doing something they both “hate” doing.
If you are interested in this topic, you may want to watch a 10-min video on How to Settle a Hawaii Landlord Tenant Dispute ASAP Through Mediation
