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Landlord-tenant dispute over excessive rent sparks legal filing

On Behalf of | Jan 6, 2021 | Landlord/Tenant Matters

There are many reasons a landlord-tenant dispute can erupt in Delaware. During the current health crisis, many of these disagreements are about unpaid rent because the renter has lost employment, has medical expenses and is dealing with an uncertain future. The landlord is often portrayed in a negative light, but property owners also have the right to receive what they are owed for their part in the rental agreement. Still, there are other ways in which legal disputes can arise. One recent example stems from a landlord facing allegations of overcharging a segment of renters.

Section 8 residents say they were overcharged by property owner

An LLC and its principal are confronted with a lawsuit over accusations that it gave inaccurate information to prospective tenants who receive assistance under Section 8 (a voucher program to help with rent). Section 8 requires property owners who have other properties in an area to give potential renters the last three agreements given to renters. This is so it can be determined how much the rent will be and the level of assistance a renter will get. This owner has 90 properties in the area.

Two specific properties are mentioned in the legal filing. The owner did give three documents of rents paid for properties in the area, but apartments that cost less were ignored in favor of those with higher rents. This increased the average and would raise what the new tenants were expected to pay. The owner is accused of violating the False Claims Act, but denies it and complains about the entire process of Section 8.

Renters and owners should understand the importance of legal protection

Whether it is from the viewpoint of the owner or the renter and there is state intervention or not, it is wise to have legal assistance to address landlord-tenant matters. With this case, tenants are receiving assistance through a program and the property owner is required to adhere to the rules in assessing how much will be paid. These cases are frequently confusing.

For those in a comparable situation, a lawsuit is a way to address the concerns and have the court decide. However, negotiation may be a preferable alternative. Having legal advice for every aspect of landlord-tenant matters whether it is over rent, evictions, repairs, damage, danger or any other circumstances may be key to settle the case or successfully file a lawsuit. Consulting with experienced legal professionals can be helpful.