As the use of technology becomes more and more prevalent in the real estate industry, it is important to consider the ways in which technology can improve safety for all parties involved. For example, in the same way that distracted drivers can be dangerous for drivers and pedestrians, poorly drafted rental agreements can lead to confusion and disputes between landlords and tenants.
In other words, landlords and tenants may be forced to sort through and litigate these ambiguities and “collisions” rather than focusing on their interests. By understanding how technology can help reduce these problems, landlords and tenants can benefit from greater clarity and security throughout their contractual relationship.
Technology plays a large role in the way that many people think about safety. With SaverOne, for instance, it combines technology and car safety. SavingsOne helps drivers avoid texting while they drive and distract themselves. In that way, it is fairly comparable to “stop” signs, which also keep drivers safe on the road. And, like automated “stop”-signs that are wired to stop cars, SaverOne is able to divert the attention of distracted drivers so as to prevent collisions.
With this in mind, it is possible to explore how “safe” agreements can help prevent disputes between landlords and tenants. The Association of Realtors provides a set of protocols that all landlords and tenants should try to abide by at the beginning of their agreements, as follows:
The corresponding California Association of Realtors Month-to-Month Rental Agreement is a good example of how this protocol works. In this agreement, the renter and the landlord agree to a number of disclosures, such as the fact that the tenant may not smoke on the property and they will be charged for any restoration work on the property if damage occurs to the unit. These disclosures are important because they prevent ambiguity, or sources of disagreement, from arising when a dispute may occur.
- Understand the “Road Map” – Landlord-Tenant Agreements Put simply, this means that a tenant and landlord should read the agreement to make sure that there are no questions left unanswered before signing it. For instance, if the rental agreement fails to detail whether the property is located in a flood zone, both parties may benefit from knowing this before moving forward with the agreement.
- Consider Navigating Around Hazards – Outlined Terms Certain terms and details that might not seem important may end up causing a lot of problems for a landlord or renter. For example, if the renter moves out of the property on a specific date, but the landlord believes that they were required to move out on an earlier date, there could be a dispute about the amount of rent owed. However, if the rental agreement makes a clear statement regarding the matter, this issue may become harmless.
- Use your Signal – Certifications and Signatures When a registered professional certifies that they have reviewed a document (in this case a rental agreement), both parties can feel more confident that they understand the terms. In a sense, this is similar to the way that cars emit “signals” to drivers about important information, and this trend is gaining momentum with tech-based solutions.
Ultimately, the rental agreement is like a road map that provides individuals with all of the instructions necessary for navigating an endeavour without running into any “driver” concerns, from payment to location to charges in the event of damage. The idea is that if landlords and tenants read their agreements, they can avoid common pitfalls and clarify ambiguities that could potentially lead to conflict in the first place. By being informed and bringing to light any questions that may arise, users of rental agreements can enjoy their premises without worrying about the terms of their rental agreements.
- Road Warning – reviewing provisions that may lead to disputes It can sometimes be easy to overlook provisions that are difficult to find or inconspicuous within an agreement. For example, if there is a certain provision that both parties have overlooked, they may not realize that they were in violation of the agreement until it is too late. This can lead to disputes that can sometimes prove harmful to a relationship. In the context of rental agreements, individuals should therefore review their obligations under the agreement in order to understand what they must do throughout the duration of their tenancy.
- Take the Right Exit – Exercising contract rights Taking the right exit is important to avoid confusion, whether on the road or in a rental agreement. Similarly, exercising one’s rights under a rental agreement may be particularly important if a party has suffered harm, whether that be financially or otherwise. If a tenant feels that they have a legal right to a title for the premises, they should be able to claim this.
- Stay Alert – Ensuring that rights are sufficiently protected In the same way that certain tech-based driving solutions prevent drivers from being distracted (and thus aware) of their surroundings, the use of tech-based solutions like the California Association of Realtors Month-to-Month Rental Agreement ensures that all parties are made aware of their rights and obligations and makes it easier to exercise them if necessary. In other words, by obtaining an easily accessible roadmap to each party’s “rights” under the agreement, they are less likely to be caught off-guard by potential issues that may arise (and less likely to be “distracted”).
Just as SaverOne and the California Association of Realtors’ Month-to-Month Rental Agreement have been designed to make things easier for “drivers” (or landlords and renters), the evolution of these technologies signals to an appreciation for the need for safety in all business and professional transactions. As a result, rental agreements that prioritize the clarity of rights and obligations will foster greater satisfaction and enjoyment on the part of all parties.
So, whether you are driving a car or signing an agreement, understanding the role that safety plays within each professional transaction will undoubtedly help you navigate correctly.
For more information on landlord-tenant laws, you can visit Nolo’s overview of landlord-tenant law.
