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Posted by TenantNet on December 17, 1996 at 15:28:14:

In Reply to: Arbitration posted by Patricia on December 17, 1996 at 03:09:17:

: We just went through a horrible experience in arbitration where there was a
: verbal agreement on rent and utilities. The rent was paid each month on time,
: but the utilities were never mentioned by the landlord until 3 months into
: tenancy. At that time he was claiming 2x what was orally agreed when we
: moved in. Has anyone been through verbal (his word against yours) and what
: was the results, how did you come about them. We believe that in our case
: it boils down to who the arbitrator believes, and that's difficult.

Arbitrators (and sometimes mmediators) may be useful in some instances in
order to avoid extensive lawsuits. But it depends if both parties are
approaching the arbitration in good faith, and if there is an enforcement
mechanism that actually works. You don't indicate where you are located,
and you may wish to fill in the details -- where, what agency, etc.
Always, always, put things on paper. Your word is no better (or worse)
than the landlord's word. Does the arbitrator remember to what was agreed?
Arbitrators are sometimes attorneys; sometimes not, but usually they do
not know (or care) about the details of landlord/tenant law and what is
required. Their motive might be to produce an agreement.

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Comments:
: : We just went through a horrible experience in arbitration where there was a
: : verbal agreement on rent and utilities.  The rent was paid each month on time, 
: : but the utilities were never mentioned by the landlord until 3 months into
: : tenancy.  At that time he was claiming 2x what was orally agreed when we
: : moved in.  Has anyone been through verbal (his word against yours) and what
: : was the results, how did you come about them.  We believe that in our case
: : it boils down to who the arbitrator believes, and that's difficult.

: Arbitrators (and sometimes mmediators) may be useful in some instances in
: order to avoid extensive lawsuits. But it depends if both parties are
: approaching the arbitration in good faith, and if there is an enforcement
: mechanism that actually works. You don't indicate where you are located,
: and you may wish to fill in the details -- where, what agency, etc.
: Always, always, put things on paper. Your word is no better (or worse)
: than the landlord's word. Does the arbitrator remember to what was agreed?
: Arbitrators are sometimes attorneys; sometimes not, but usually they do
: not know (or care) about the details of landlord/tenant law and what is 
: required. Their motive might be to produce an agreement.



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