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  1. #1
    Join Date
    Feb 2010
    Posts
    15

    Default Manatory Mediation Clause for Disputes With a Landlord

    My question involves landlord-tenant law in the State of: California
    My landlord has violated several health/safety/disclosure laws in my lease/tenancy. I would like to use these violations to fight an exorbitant, unfair rent increase.

    In my lease, there is a mediation clause:
    MEDIATION:
    A.
    Consistent with paragraphs B and C below, Landlord and Tenant agree to mediate any dispute or claim arising between them out
    of this Agreement, or any resulting transaction, before resorting to court action. Mediation fees, if any, shall be divided equally
    among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first
    attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall
    not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.
    B. The following matters are excluded from mediation: (i) an unlawful detainer action; (ii) the filing or enforcement of a mechanic's
    lien; and (iii) any matter within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable
    the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall
    not constitute a waiver of the mediation provision.
    C.
    Landlord and Tenant agree to mediate disputes or claims involving Listing Agent, Leasing Agent or property manager (“Broker”),
    provided Broker shall have agreed to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to
    such Broker. Any election by Broker to participate in mediation shall not result in Broker being deemed a party to this Agreement.

    My plan is to request mediation without getting into specifics of violations, otherwise they can try to fix them before any penalties are imposed. Can I do this without citing specifics? Basically just notify them I am requesting mediation based on laws/statutes they have broken?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Mediation Before Court Action in Lease Agreement, How to Proceed

    My plan is to request mediation without getting into specifics of violations, otherwise they can try to fix them before any penalties are imposed. Can I do this without citing specifics? Basically just notify them I am requesting mediation based on laws/statutes they have broken?
    Doesn't work that way and you will lose if you try it.

    You must always give your landlord proper written contemporaneous notice of defects and an opportunity to cure those defects before any remedies accrue to you.

    You don't get to save up complaints and sandbag your landlord with them.

    The CA statutes are a bit hard to follow so start at Page 36 of this guide:

    http://www.dca.ca.gov/publications/l...k/catenant.pdf

    Where statutes are cited look them up and KNOW them:

    http://www.leginfo.ca.gov/cgi-bin/di...le=1940-1954.1

    Any statutes that are not found in that link can be looked up at:

    http://www.leginfo.ca.gov/calaw.html

    Case citations can be googled so you can read them.

  3. #3
    Join Date
    Feb 2010
    Posts
    15

    Default Re: Mediation Before Court Action in Lease Agreement, How to Proceed

    I'm confused on statutes that they have broken and are too late to fix, such as required disclosures. To move forward, I need to spell out what statutes they have broken and ask them to remedy them, even if they cannot? At what point can I quest mediation?

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