In this section, learn how get ready for negotiations with your landlord. It includes tips on organizing as a group, dealing with common landlord tactics, staying united, and making sure any agreement is fair and clearly documented.
When you negotiate a solution to a problem with your landlord, it is very important to prepare for this meeting or what may be a series of meetings. Here are some things to keep in mind:
Prepare your demands.
Call a meeting for all tenants to discuss what demands the group wants to make. Try to organize these demands. One way to do that is to divide demands into three categories: long-term demands, short-term demands, and immediate demands. Or the group can list demands in order of importance or priority.
Choose a strong team.
A group can have as many negotiators as it wants. It should be very clear, before the meeting who will take the lead and who will raise specific demands. Those who are negotiators on behalf of the group should have the confidence of the group and the time and energy for what may be a long process. It must also be clear that you are negotiating as a group. If anyone other than the negotiating team receives a call from the landlord, they should politely refer the landlord to members of the negotiating team.
Wait until all negotiators are present.
Resist any attempts by the landlord or their representative to begin negotiations without all tenant representatives present.
Don't let the other side outnumber you.
Before sitting down with the owner and their representatives, have a joint understanding of who is allowed to come to the negotiating session. The tenant team may outnumber the owner and their assistants. That's fine, but the owner's team should not outnumber the tenants.
Know the facts thoroughly.
If you don't know the facts, your landlord may back you into a corner and force you to compromise. Tenants should be prepared to talk about different problems.
Hold negotiations at a location where you feel comfortable.
Try to hold the meetings in a place where tenants feel comfortable. At the very least, negotiate at a neutral place, such as a local church or meeting hall.
It may help to use mediators.
Sometimes it is helpful to have a neutral third-party or mediator who is familiar with housing issues help tenants and the landlord work through their concerns in order to shape an agreement that is satisfactory to all parties. See the Directory for a list of mediation services.
Make sure that the owner will be present.
If the landlord is not coming to the negotiating session, make sure their representative has the authority to negotiate on their behalf.
Once you start organizing, it is important to prepare for how the landlord may act. Here are some of the tactics that landlords often try to use against tenants.
a. The Good Guy Victim Routine
The landlord may try to play on your sympathies by arguing that they are a good guy and that the actions of the group are hurting them personally or financially. Whether or not a landlord or an investor is a “good guy” is irrelevant to your negotiation. Don't fall for the routine. Be persistent and tough. No matter how much the landlord might be harmed by your actions, it is their actions that were harming you and that brought you to the point of organizing against them. Moreover, most landlords have more resources than the tenants and thus are in a better position to withstand whatever financial effects the group's actions have on them.
All landlords, however, are not the same. An owner who lives in your building who may have lived there for a long time and contributed to the neighborhood may have legitimate reasons for increasing rent such as higher taxes on the property. Or an investor trying to make the highest profit may want to raise the rents in order to evict all current tenants and sell the property empty. But again, whether or not a landlord is a “good guy” is irrelevant to your negotiation.
b. Divide and Conquer
Landlords will try to divide tenants not only by telling individuals present how good they are, but by accusing other tenants who are not there of being the "real problem." If there are people of different ethnic groups, classes, or backgrounds, expect the landlord to play on these differences. A landlord will consider it a victory if they get tenants to fight among themselves. One way landlords sometimes do this is by using language differences to divide. This makes translation of materials and meetings all the more important.
c. The Expert Routine
The landlord may try to confuse matters by talking about statistics, numbers, and figures to prove that they know the real situation at the building and the tenants do not. Whatever the landlord says is just their side of the story and their "spin;" the tenants' version is no less valid. A landlord may also claim that they are not making enough money because of the economy or taxes. Remember, your rent is paying off the landlord's mortgage and other operating expenses. If it is not, it is probably going into the landlord's pocket.
d. Intimidation and Retaliation
Tenants generally think that what the landlord says goes. Tenants sometimes fear that if they rock the boat, the landlord will retaliate against them and has the power to do this. Some tenants even fear their landlord may use physical violence. Landlords sometimes play on tenants' fear, abuse tenants verbally, and try to intimidate them in the hope that tenants will submit to bad conditions or other mistreatment. A landlord may try to evict one tenant in order to make an example of that tenant. The landlord may also try to intimidate you by refusing to provide services. The most effective way to deal with landlord harassment is to treat each instance as a problem that the entire group should address.
e. Blaming the Organizer or the Lawyer
If an organizer or attorney is helping you, the landlord may label them "outside agitators" and blame them for causing trouble. Don't fall for this routine either. The organizers and lawyers you've chosen are on your side. As long as tenants are in the driver's seat and making the decisions, there is no truth in the landlord's accusations.
Ask questions and gather information.
Take advantage of the negotiating session to find out as much about the landlord's situation and finances as possible. New information may surface that informs the negotiations. For instance, if the owner says they cannot afford tenants' requests, ask why. What is the budget for the building? For example, how much do they spend on maintenance, taxes, insurance and mortgage payments every month?
Never appear to be divided or disagree.
If at any time your negotiating becomes confused or communications break down between members of your team, don't hesitate to call for a recess and meet outside to discuss your strategy. In fact, before going into negotiations, the negotiating team should recognize that you may need to do this and that it's OK.
Keep negotiations focused on the group.
Tenants should not voice their own personal complaints to the landlord. The negotiating committee should represent the interests of the entire group.
Refer to any planned demonstrations, lawsuits or media coverage.
If you know what your tenant group will do if the landlord refuses to cooperate, you can refer to these tactics specifically or generally. If you do, make sure that you are prepared to carry these actions out. This is a judgment call and you need to think through the pros and cons of anything you say. But remember—most landlords fear bad press, legal action, and demonstrations.
Claim no authority to compromise.
Remind the landlord that the group will agree only to a collective settlement that is just, fair, and agreeable to all tenants involved. Make sure everything you agree to is approved by the group. If you are unable to come to an agreement, negotiators should go back to the group and discuss what position the group wants to take or how to make trade-offs.
Put your agreement in writing.
If you reach an agreement, volunteer to put the agreement in writing so that you can make sure all of the tenants' demands are included. Having the assistance of a lawyer is very helpful at this stage. It is always better to draft the agreement yourself—or have your lawyer do it—than to let the landlord or their lawyer do the drafting. If the landlord puts the agreement in writing, read it very carefully, show it to a lawyer, and insist on any necessary changes before signing it.
Stick together and stay organized.
This is how you got to the bargaining table in the first place and it's the only way to make sure the landlord sticks to their agreement.
When you negotiate a solution to a problem with your landlord, it is very important to prepare for this meeting or what may be a series of meetings. Here are some things to keep in mind:
Prepare your demands.
Call a meeting for all tenants to discuss what demands the group wants to make. Try to organize these demands. One way to do that is to divide demands into three categories: long-term demands, short-term demands, and immediate demands. Or the group can list demands in order of importance or priority.
Choose a strong team.
A group can have as many negotiators as it wants. It should be very clear, before the meeting who will take the lead and who will raise specific demands. Those who are negotiators on behalf of the group should have the confidence of the group and the time and energy for what may be a long process. It must also be clear that you are negotiating as a group. If anyone other than the negotiating team receives a call from the landlord, they should politely refer the landlord to members of the negotiating team.
Wait until all negotiators are present.
Resist any attempts by the landlord or their representative to begin negotiations without all tenant representatives present.
Don't let the other side outnumber you.
Before sitting down with the owner and their representatives, have a joint understanding of who is allowed to come to the negotiating session. The tenant team may outnumber the owner and their assistants. That's fine, but the owner's team should not outnumber the tenants.
Know the facts thoroughly.
If you don't know the facts, your landlord may back you into a corner and force you to compromise. Tenants should be prepared to talk about different problems.
Hold negotiations at a location where you feel comfortable.
Try to hold the meetings in a place where tenants feel comfortable. At the very least, negotiate at a neutral place, such as a local church or meeting hall.
It may help to use mediators.
Sometimes it is helpful to have a neutral third-party or mediator who is familiar with housing issues help tenants and the landlord work through their concerns in order to shape an agreement that is satisfactory to all parties. See the Directory for a list of mediation services.
Make sure that the owner will be present.
If the landlord is not coming to the negotiating session, make sure their representative has the authority to negotiate on their behalf.
Once you start organizing, it is important to prepare for how the landlord may act. Here are some of the tactics that landlords often try to use against tenants.
a. The Good Guy Victim Routine
The landlord may try to play on your sympathies by arguing that they are a good guy and that the actions of the group are hurting them personally or financially. Whether or not a landlord or an investor is a “good guy” is irrelevant to your negotiation. Don't fall for the routine. Be persistent and tough. No matter how much the landlord might be harmed by your actions, it is their actions that were harming you and that brought you to the point of organizing against them. Moreover, most landlords have more resources than the tenants and thus are in a better position to withstand whatever financial effects the group's actions have on them.
All landlords, however, are not the same. An owner who lives in your building who may have lived there for a long time and contributed to the neighborhood may have legitimate reasons for increasing rent such as higher taxes on the property. Or an investor trying to make the highest profit may want to raise the rents in order to evict all current tenants and sell the property empty. But again, whether or not a landlord is a “good guy” is irrelevant to your negotiation.
b. Divide and Conquer
Landlords will try to divide tenants not only by telling individuals present how good they are, but by accusing other tenants who are not there of being the "real problem." If there are people of different ethnic groups, classes, or backgrounds, expect the landlord to play on these differences. A landlord will consider it a victory if they get tenants to fight among themselves. One way landlords sometimes do this is by using language differences to divide. This makes translation of materials and meetings all the more important.
c. The Expert Routine
The landlord may try to confuse matters by talking about statistics, numbers, and figures to prove that they know the real situation at the building and the tenants do not. Whatever the landlord says is just their side of the story and their "spin;" the tenants' version is no less valid. A landlord may also claim that they are not making enough money because of the economy or taxes. Remember, your rent is paying off the landlord's mortgage and other operating expenses. If it is not, it is probably going into the landlord's pocket.
d. Intimidation and Retaliation
Tenants generally think that what the landlord says goes. Tenants sometimes fear that if they rock the boat, the landlord will retaliate against them and has the power to do this. Some tenants even fear their landlord may use physical violence. Landlords sometimes play on tenants' fear, abuse tenants verbally, and try to intimidate them in the hope that tenants will submit to bad conditions or other mistreatment. A landlord may try to evict one tenant in order to make an example of that tenant. The landlord may also try to intimidate you by refusing to provide services. The most effective way to deal with landlord harassment is to treat each instance as a problem that the entire group should address.
e. Blaming the Organizer or the Lawyer
If an organizer or attorney is helping you, the landlord may label them "outside agitators" and blame them for causing trouble. Don't fall for this routine either. The organizers and lawyers you've chosen are on your side. As long as tenants are in the driver's seat and making the decisions, there is no truth in the landlord's accusations.
Ask questions and gather information.
Take advantage of the negotiating session to find out as much about the landlord's situation and finances as possible. New information may surface that informs the negotiations. For instance, if the owner says they cannot afford tenants' requests, ask why. What is the budget for the building? For example, how much do they spend on maintenance, taxes, insurance and mortgage payments every month?
Never appear to be divided or disagree.
If at any time your negotiating becomes confused or communications break down between members of your team, don't hesitate to call for a recess and meet outside to discuss your strategy. In fact, before going into negotiations, the negotiating team should recognize that you may need to do this and that it's OK.
Keep negotiations focused on the group.
Tenants should not voice their own personal complaints to the landlord. The negotiating committee should represent the interests of the entire group.
Refer to any planned demonstrations, lawsuits or media coverage.
If you know what your tenant group will do if the landlord refuses to cooperate, you can refer to these tactics specifically or generally. If you do, make sure that you are prepared to carry these actions out. This is a judgment call and you need to think through the pros and cons of anything you say. But remember—most landlords fear bad press, legal action, and demonstrations.
Claim no authority to compromise.
Remind the landlord that the group will agree only to a collective settlement that is just, fair, and agreeable to all tenants involved. Make sure everything you agree to is approved by the group. If you are unable to come to an agreement, negotiators should go back to the group and discuss what position the group wants to take or how to make trade-offs.
Put your agreement in writing.
If you reach an agreement, volunteer to put the agreement in writing so that you can make sure all of the tenants' demands are included. Having the assistance of a lawyer is very helpful at this stage. It is always better to draft the agreement yourself—or have your lawyer do it—than to let the landlord or their lawyer do the drafting. If the landlord puts the agreement in writing, read it very carefully, show it to a lawyer, and insist on any necessary changes before signing it.
Stick together and stay organized.
This is how you got to the bargaining table in the first place and it's the only way to make sure the landlord sticks to their agreement.