What Happens in Eviction Mediation?
If the relationship between a landlord and tenant has deteriorated significantly, the landlord may decide to have the tenant evicted, even though an eviction can take a considerable amount of time and money to obtain. Many communities are now offering mediation services for landlord-tenant disputes, which can eliminate the need to go to court and can help resolve the issues of both landlord and tenant in a fair, just manner.
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Eviction
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Eviction is a legal process in which a landlord obtains a court order to force a tenant to move out of the home that she is renting. Only a judge can order an eviction, and a landlord must be able to prove to the judge that an eviction is warranted. Landlords have tenants evicted for many different reasons, usually because the tenant has not paid rent on time or because the tenant has violated the lease agreement in some way.
Mediation
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Mediation is a process by which a trained, neutral, third party works with two or more people who are in conflict. In eviction mediation, the mediator works with both landlord and tenant to help resolve the issues that led to the current situation. In some cases the mediator may be able to negotiate an agreement that would permit the tenant to remain in the home. If this isn't possible, the mediator can help both landlord and tenant avoid the time and expense of the eviction process by negotiating a move-out date for the tenant and a payment agreement for any damages or back rent.
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Mediation Sources
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Many county governments and community organizations offer mediation services to tenants and landlords. The availability of these services can depend on the demand, and in some cases, tenants seeking eviction mediation may need to meet certain income guidelines. Mediation services may be free of charge, or there may be a charge that the tenant needs to pay.
Binding Agreements
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In some areas, an eviction mediator is able to negotiate a binding agreement between tenant and landlord, which is enforceable by law. Payment arrangements for back rent and a set move-out date for a tenant who does not want eviction on his record are examples of the kinds of agreements that landlords and tenants in mediation can reach.
Warning
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Mediation is a voluntary process. Neither tenant nor landlord is obligated to enter mediation. There is also no guarantee that mediation will result in a positive outcome for either party.
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References
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