Tenancy Disputes

Resolving Tenancy Disputes

Focused expertise in tenancy rights.

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Rostron Carlyle Rojas Lawyers

4.9

Based on 62 reviews

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Rahul

05:35 23 Nov 22

Team at Roston Carlyle Rojas Lawyers specially Varun Gupta, Brendon McKenzie and Maisie Taylor are great professionals with competent and outstanding skills. From the first meeting with Varun Gupta, we got assured that we are with right people and they proved it. No doubt they are most recommendable team of professionals. Throughout the process they kept us updated and were available all the time for any questions or concerns. We will again contact them and recommend to my friends and network.

Janet Davey

07:04 05 Aug 22

Zoe Kansky is very professional and great to work with, she explains everything clearly from start to finish. She is also very friendly, l would definitely choose this firm again. I Highly recommend Rostron Carlyle Rojas Lawyers

Tina Mckay

11:27 01 Aug 22

Mysa was completely competent from start to finish, she seamlessly guided us through the legal process and was very informative, no question was too small. The RCR Lawyers team was there with us from the beginning to the end and helped us achieve closure with a positive result and for that we are extremely grateful.

Sweden Perez

15:39 10 Dec 21

Upon meeting with Varun, I never doubted that he’s certainly a brilliant solicitor and true enough, with all the things he did for us, he really surpassed our high expectations. He is very responsive in everything and even to a small detail. He is very professional that he would give an honest advice and direct answers to all our questions and enqueries. He never left us especially in a critical situations (yes, there were a lot of circumstances but Varun fixed them for us) but actually, he stayed with us up to the last minute of the day or until to settle everything that we need to do. Thank you Varun for helping us to buy our first home!!!

Luke Patrick

07:36 14 Jul 21

My partner and I went through these guys for a complicated partner visa case after being referred from a lawyer friend. After being told by other lawyers that it was either easy or impossible, these guys told it like it was, realistic (they also had the same fees as the others). Peter and Shanalee were with us the whole way to provide guidance and 2.5 years later we are happy to receive the news that the partner visa has been granted.Thank you for all of your hard work guys.All the best.

Common Types of Tenancy Disputes

Disagreements can occur anytime between tenants and landlords. These disputes often fall into six main categories:

Rental Payment Issues

These disputes may stem from rent hikes, delayed payments, or arguments about the payment sum. For instance, tenants might challenge what they perceive as excessive rent increases, resulting in disagreements over rent payments. Communication and organised documents help prevent conflicts and make it easier to resolve issues between landlords and tenants.

Property Repairs and Upkeep

Issues arise when landlords neglect maintenance, leaving tenants uncomfortable living conditions. If a landlord doesn't fix urgent repairs, tenants can do it themselves and subtract the cost from their rent. Be sure to review your lease for any specific guidelines regarding rent reduction in such cases.

Eviction and Ending the Lease

Landlords can evict tenants for not paying rent or violating lease rules. But tenants can also protect themselves by explaining their situation or using their legal rights. Everyone should know their duties and rights in a lease. It's wise to seek legal guidance if things seem unfair or unclear.

Noise and Disturbance complaints

Conflicts arise from disruptive behaviours that disturb tenants' enjoyment of their homes. Frequent examples include loud neighbours, noisy parties, or even unapproved pets that disturb the tranquil living environment. To solve problems and create peace, we need good communication and following rules. This helps reduce conflicts and improves living conditions.

Unauthorized Entry and Privacy Issues

These are situations where landlords enter the property without notice, which breaks the tenancy agreement. Landlords typically must provide tenants with at least 30 days' notice, except for emergencies. Additionally, the landlord can accommodate their request if the tenant asks for a more extended notice period.

Housing Discrimination

When agents unfairly treat individuals based on race or gender, it falls under discriminatory behaviour. This can include rejecting rental applications or refusing to show properties. According to the Residential Tenancies Act, you can't discriminate when buying, renting, or getting a loan for housing. It applies to things like race, religion, gender, and disability.
Understanding the core problem is vital for resolving tenancy disputes well. RCR Lawyers can help find the real issues and provide specific solutions. This ensures that conflicts about rent, maintenance, or eviction are fully addressed, preventing future problems.

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Tailored Strategies for Tenant Dispute Resolution

At RCR Lawyers, we strive to assist you in resolving disputes between tenants and landlords practically and effectively. We use various negotiation, mediation, and arbitration methods to reach a fair settlement that works for everyone involved. We aim to maintain positive relationships between tenants and landlords while finding solutions to the problems.

The best way to deal with problems between landlords and tenants is to prevent them from happening. Discussing them before they become a significant legal issue is always a good idea. For example, tenants should read their rental agreement carefully to know what they must do and their rights.

If there’s an issue, talk to the landlord or agent immediately. Also, keeping any letters or notes about the problem is a good idea because you might need them later. The key to fixing problems is to talk openly and honestly. We can help mediate issues between landlords and tenants to ensure fair resolutions.

Comprehensive Services for Landlords

As a landlord, you have specific rights and responsibilities, such as maintaining a habitable property and following proper eviction procedures. When facing tenancy disputes, it’s wise to consider legal help to protect your interests. Lawyers who specialise in landlord-tenant law can assist in several ways.

When renting a place, it’s crucial to have a written agreement that clearly states the rights and responsibilities of both the tenant and the landlord. This agreement is called a fixed-term agreement, which can help prevent disputes. Verbal agreements should be avoided, as they can lead to problems later.

Suppose a dispute does arise, and it goes to court. In that case, our seasoned professionals can present this lease agreement as evidence in court. Our Lawyers can also guide you through eviction procedures while ensuring compliance with local laws. Legal representation is essential if a tenant sues you for negligence, discrimination, or wrongful eviction.

Additionally, we can assist in recovering unpaid rent or damages through negotiation or, if needed, litigation. Our team of experts in landlord-tenant law is here to help you protect your investment and handle disputes efficiently.

Robust Legal Support for Tenants

As a tenant, you might face different challenges, such as rent increases, delayed repairs, or negligence from your landlord. However, you have the right to legal representation to help you navigate these disputes. At RCR Lawyers, we protect your tenant rights and provide support during negotiations or court proceedings.

Our tenant lawyers can help with fair leases, eviction challenges, deposit disputes, and legal action for repairs. We can also represent you if you believe you have experienced housing discrimination or harassment. We can help you protect your rights as a tenant and ensure you have a safe place to live.

FILING A CLAIM IN QCAT

If someone doesn’t follow the rules or breaks the law while renting a property, it’s called a breach of duty. Both tenants and landlords have the right to take action in these situations. If the person who broke the rules doesn’t respond to a notice within 14 days, the notice can be used as proof in court.

While it’s best to try to work things out without going to court, sometimes it’s necessary to involve legal professionals to help resolve disputes. At RCR, we have experienced lawyers who can help you through the court process if needed. The Queensland Civil and Administrative Tribunal (QCAT) is where you can go to try and resolve issues if you can’t agree with the other party. If you go to QCAT, it’s essential to have evidence supporting your case.

It’s important to keep papers about the situation, like those proving someone broke the rules or caused issues. The documentation can include letters, emails, phone records, proof of financial losses, photos or videos, and receipts for reimbursement of expenses. Our goal is to achieve the best outcome for you. This includes both legal and financial aspects.

Why Choose RCR Lawyers for Tenancy Disputes

Navigating the complex landscape of tenancy law requires a unique blend of legal expertise and strategic negotiation skills. Residential tenancy disputes are common in the landlord-tenant relationship but can sometimes escalate to contentious legal battles. Landlords and tenants alike should know their rights and responsibilities and consider seeking legal representation when needed.

Contact us

Contact us today for a confidential consultation, and let us guide you through the complexities of tenancy dispute resolution.

Enquire about resolving a Tenancy Dispute

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When Litigation Becomes Necessary

Resolving lease disputes can be challenging and may require legal action.

However, you don't have to worry; our experienced lawyers can provide you with the necessary legal support in such situations.

From filing legal documents to representing you in court hearings, tribunals and appeals, our lawyers can help you with everything.

We comprehend the intricacies of lease disputes and are available to support you at every stage.