Reginald and his wife Loretta were landlords of a 3-flat building in Hyde Park. Their tenant, Jessica, and her two daughters had been residing in a unit on the top floor of the building. Reginald and Loretta lived on the first floor.
For a little over two years, there were no problems with Jessica paying her rent on time and the landlords were happy to have a long-term tenant.
At some point, Jessica started noticing rodents in her unit and notified Reginald of the situation. After a few weeks passed with no action taken, Jessica took matters into her own hands. She paid for an exterminator to come to the building to address the rodent issue. When Reginald found out about this gesture, he offered to pay Jessica back. Jessica refused as she considered the matter over. Reginald was grateful that his tenant cared about the building so much so that she would do something so generous.
A few weeks later, Jessica’s father asked her to provide a temporary home for his dog. Jessica asked Loretta if it would be acceptable to her and Reginald to have a dog for a short period of time. Loretta mentioned that it wasn't allowed by the terms of the lease, but as long as it was for a short time, it would be ok.
Jessica then purchased a puppy for her children without telling Reginald and Loretta, which meant there were now two dogs living in the unit. The puppy was not trained and left piles of feces in the hall and on the back porch. When the landlords started receiving complaints from the other residents, they addressed the dog issue with Jessica. She agreed to have the carpets professionally cleaned and again paid for the carpet cleaning service.
Loretta continued to confront Jessica about the dogs. The relationship between them began to erode. Jessica noticed a leak in the kitchen and asked Reginald to have it repaired. When it was not repaired, Jessica stopped paying rent. Three months passed with no rent, so the landlords took Jessica to court, asking for an eviction and back rent. They cited that she had dogs that were not permissible under the terms of the lease. Jessica mentioned that she wasn't paying rent because of the rodents and the repairs not being completed violating the terms of the lease.
The case was referred to mediation with Center for Conflict Resolution. To learn a little about the relationship between the parties, the mediator asked Jessica how she decided to live in the unit. Jessica said she was referred to Reginald and Loretta through a mutual friend they knew from church. Loretta began insulting Jessica, saying "She needs to pray a lot harder because she has the devil in her!" Jessica said she felt disrespected, and that this was one of the reasons why she has not been paying rent.
Loretta kept trying to show the mediator evidence that she brought to court to show the judge. The mediator said, "I can tell you are passionate about showing me this evidence, why do you feel so strongly that you need to show this to me?" Loretta replied, "Because I want you to see what it has been like for us to wake up and come get our paper in the morning and be greeted by dog feces in the hallway." At that point, the mediator asked her to explain what that was like for her. She said the smell was terrible and that she was no longer comfortable living in her building anymore. The mediator said, "so you need to be comfortable living in your building." The mediator asked Reginald and Loretta how they felt when Jessica paid for the exterminator. Reginald said, "I think she is a good mom, works hard, and has taken pride in our building, and I am appreciative of that." The mediator asked Jessica how she felt hearing those words. She replied, "Although Reginald didn't come to fix things as quickly as he said, he always respected me." The mediator said, "so you need to be respected."
With the mediator's help, they were able to understand more clearly each of their needs and interests. The mediator was then able to facilitate a conversation that ended with the tenant agreeing to move out by the end of the month. This amount of time would allow the landlord to do the necessary repairs to have the apartment rented again. The landlord agreed only to collect one month of the three months' rent owed as long as she moved out at the end of the month.
They ended up shaking hands at the end of the meeting, able to put things in the past and leave without having to return to court.