Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I am a landlord and my lease specifically states "Mediation then arbitration" My previous tenant has filed a Case in the Civil Small Claims court. Can they legally take me to court if the lease has listed Mediation and Arbitration over a going to court?

Answer: You may wish to speak with an attorney about exactly what rights and responsibilities that particular clause in the lease gives both the landlord and the tenant, but, as a general rule, such clauses do often serve as legal defenses to complaints brought by plaintiffs against defendants through civil litigation.

Question: I am a landlord and my lease specifically states "Mediation then arbitration" My previous tenant has filed a Case in the Civil Small Claims court. Can they legally take me to court if the lease has listed Mediation and Arbitration over a going to court?

Answer: You may wish to speak with an attorney about exactly what rights and responsibilities that particular clause in the lease gives both the landlord and the tenant, but, as a general rule, such clauses do often serve as legal defenses to complaints brought by plaintiffs against defendants through civil litigation.