How to Avoid a Stressful Eviction With Mediation

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Avoiding the Eviction Storm: How Mediation Can Save Time, Money, and Anxiety

Tenancy issues are like unpredictable weather; sunny one day, stormy the next.

The Eviction Lab reports that in 2023, there were over a million eviction filings by landlords in the United States.

Disagreements arise frequently between landlords and tenants, and resolving them may be difficult, particularly when eviction is imminent. These problems may include the tenant’s damage to property, inability to pay rent, maintain and repair the property, smoking in non-smoking areas, keeping pets in pet-free properties, an unlawful lock change or subletting, or even the landlord’s failure to return deposits, among other things. 

Settling a landlord-tenant dispute through litigation can be expensive, lengthy, and emotionally exhausting. Therefore, before you prepare yourself for the emotional rollercoaster of litigation, consider a less stressful way to reach a resolution: MEDIATION.

What is Mediation?

Mediation is a voluntary procedure that involves an impartial third party who facilitates open communication and assists the disputing parties in coming to a mutually acceptable resolution. It provides tenants and landlords with a private, impartial setting in which they could discuss their issues, openly and honestly.

The Litigation Vortex: A Waste of Time and Money

Without a doubt, courtroom battles are rarely appealing. Landlord-tenant litigation can be costly and time-consuming.  Some of the potential pitfalls of litigation include;

1. The Eviction Procedure: Eviction laws about notice of eviction and service of the process vary from state to state. Non-compliance with these processes and procedures can result in serious consequences for the landlord. For example, in Illinois, if a court finds that the landlord did not properly serve notice on a tenant for non-payment of rent, other lease violations, or summons and complaint, the court can dismiss the landlord’s eviction complaint and require the landlord to start the eviction process over. This would result in even more time and fees needed to properly serve notice on the tenant.
2. Time: The eviction process can be very time-consuming. The average eviction case can take weeks to months. Research also shows that the eviction process has taken even longer since the pandemic. In some states, a resolution may take one to six months, or even longer in some cases. This leads to missed rent for months, increased legal bills, and the psychological impacts of constant uncertainty.
3. Cost: Landlords may find themselves in a difficult financial situation as a result of the rapid rise in legal bills, court costs, sheriff costs, repair costs, and the possible loss of rental revenue throughout the litigation process. According to Statista, the average rent in North America is $1,322 per month, and the cost to evict someone, in terms of missed rent, is typically around $3,966. Add in attorney fees and related costs, the amount to pursue an eviction case can potentially reach an additional several thousand dollars.
4. Stress and Anxiety: In addition to depleting financial resources, the drawn-out procedure causes mental pain to both tenants and landlords.
   A comprehensive study of landlords and property managers found that landlords described the eviction process as draining, emotionally challenging, and time-consuming. Another study concluded that the eviction process significantly increased stress for landlords, with some likening it to “running a battlefield.”

MEDIATION: A Brighter Path

A good substitute for the combative style of litigation in landlord-tenant disputes is mediation. It could be mandated by a court order or by an agreement between the parties. It involves a mediator, an unbiased third party with expertise in resolving conflicts.  By using eviction mediation, parties may decide on a settlement that best suits their needs and avoid depending solely on the court’s judgment. Under the supervision of a qualified mediator, the parties may discuss their concerns, and look into potential solutions which may include payment plans, lease adjustments, or even an amicable termination.

To give an instance, a tenant may be able to negotiate a move-out date that allows them enough time to locate another home, while a landlord facing eviction owing to unpaid rent may agree to a payment plan with the tenant. The landlord may profit from this “move out” arrangement if it stipulates that the tenant must vacate the property in a specific state. In addition, a tenant may be able to request rental assistance, sign a pay-and-stay agreement, or arrange a payment plan to catch up on their rent if they choose to remain in the property. These choices guarantee the landlord gets the overdue rent and lets the tenant remain in their home.

Benefits of Choosing Mediation

1. Time-Efficient Process: Rather than spend several weeks or even months litigating an eviction case in court, mediating an eviction matter takes a lot less time. It can take anywhere from thirty minutes to a few hours, thus helping you save a lot of time to focus on other professional and personal issues that might arise in your life.
2. Lower Expenses: The cost of mediation is considerably lower than that of litigation, which relieves a large financial load from both sides. As mentioned above, litigating an eviction case in court can potentially cost thousands of dollars, while mediation for an eviction matter can cost a lot less money for a 1-2 hour mediation session.
3. Control: When any legal matter is brought before a court, the resolution of that case is put into the hands of a judge or jury. In contrast, when mediating a dispute, control is in the hands of the parties. They can work together by collaborating, shaping the process, and looking out for both parties’ interests to help reach a successful outcome for both sides.
4. Improved Relationships: By encouraging candid dialogue and mutual understanding, mediation helps to build a solid foundation for future agreements. This can help decrease the chances of future landlord-tenant disputes.
5. Finding Solutions and Reducing Stress: Through collaborative efforts, parties can come to agreements on payment schedules, lease changes, and even early lease terminations that would not be feasible through litigation. Additionally, it lessens the emotional strain on both sides, promoting a more cooperative and fruitful outcome.
6. Decrease in Tenant Turnover: Tenant occupancy turnover can be minimized or avoided through mediation.

Conclusion

With the rapid rise of eviction filings throughout the country since the pandemic started, landlords face the costly and time-consuming process of litigation when deciding to bring a matter to court. Utilizing landlord-tenant meditation to resolve disputes can help a landlord save time and money, preserve relationships between the parties, put the outcome of the conflict in their hands, and help prevent tenant turnover. Why settle for the eviction headache when mediation can offer a smoother path to resolution and save you valuable time and resources? Escape eviction stress—mediate for success!

Written by Adler Dispute Solutions, (Google Bard, 2023) and (ChatGPT, 2023).