Can I have a mandatory binding arbitration clause in my residential lease?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I have a mandatory binding arbitration clause in my residential lease?

What are the benefits and disadvantages?

Asked on September 11, 2012 under Real Estate Law, Connecticut

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country you can have a binding arbitration provision which is mandatory in your residential lease.

The pros of such a clause is that the dispute gets resolved sooner and typically with less attorney's fees expended.

The negatives are that the mediator's fees are quite expensive, one has no right to a jury trial and essentially one cannot appeal an adverse decision even if the mediator does not follow the law. In essence, one can get stuck with a bad decision and have no legal recourse.

I customarily advise my landlord clients not to have an attorney's fee clause in the lease in that such only gives fodder to the tenant's attorney with respect to a possible dispute.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption