NCJ Number
65941
Journal
American University Law Review Volume: 27 Dated: (WINTER 1978) Pages: 407-432
Date Published
1978
Length
26 pages
Annotation
CHANGES CONTRIBUTING TO THE SHIFT IN BARGAINING POWER BETWEEN LANDLORD AND TENANT ARE OUTLINED, AND THE ADVANTAGES AND DRAWBACKS OF ARBITRATION AS A VEHICLE FOR LANDLORD-TENANT DISPUTE RESOLUTION ARE DISCUSSED.
Abstract
UNDER COMMON LAW PRINCIPLES, AN AGREEMENT FOR THE LEASE OF PROPERTY DID NOT IMPLY THAT SUCH PROPERTY WOULD BE DELIVERED TO THE LESSEE, OR MAINTAINED, IN A HABITABLE CONDITION. HOWEVER, AS THE HOUSING SHORTAGE IN THE UNITED STATES AROSE AND CONTINUED UNABATED, AND THE GENERAL CONDITION OF RENTAL HOUSING INCREASINGLY DETERIORATED, LEGAL SCHOLARS BEGAN TO REPUDIATE THE COMMON LAW PRINCIPLES. COURTS HAVE RECENTLY FASHIONED REMEDIES TO REQUIRE THE HABITABILITY OF RENTAL HOUSING AND AID IN EQUALIZING THE RELATIVE BARGAINING POSITIONS OF LANDLORD AND TENANT. LEGISLATION ALSO HAS NOT ONLY EXPANDED THE SCOPE OF PROTECTION AFFORDED TO TENANTS BUT ALSO PROVIDES FOR MORE EFFECTIVE ENFORCEMENT MEASURES. ARBITRATION, AS A MEANS OF DISPUTE SETTLEMENT, PROVIDES A SPEEDY, ECONOMICAL, LESS ADVERSARY, AND INFORMAL FORUM FOR TENANTS TO AIR GRIEVANCES AND LANDLORDS TO SETTLE THEIR PROBLEMS WITHOUT GOVERNMENT INTERVENTION. HOWEVER, ARBITRATION HAS SOME UNAPPEALING FEATURES: ABSENCE OF JUDICIAL REVIEW CONCERNING ARBITRATION AWARDS, LACK OF FORMAL PROCEDURES, AND POTENTIAL DIFFICULTY IN AGREEING UPON A COMPETENT ARBITRATOR. OVERALL, LANDLORDS WOULD BE WELL ADVISED TO CONSIDER ARBITRATION RATHER THAN LITIGATION AS A SOLUTION TO TENANT PROBLEMS, AS RECENT TRENDS IN STATUTORY AND JUDICIAL MODIFICATIONS OF LANDLORD-TENANT LAW HAVE UNIVERSALLY FAVORED TENANTS, AND THERE IS NO INDICATION THAT THESE TRENDS WILL BE REVERSED. FOOTNOTES ARE INCLUDED.