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Does anyone know if you can require a tenant to use arbitration instead of going through the courts in the lease agreement for terminating the lease or damages? Has anyone tried it and does it work?
Cheryl M, KS on Saturday, August 6, 2011
RE: Lawyer and court costs
By using such a clause, the parties to the contract agree to arbitrate any future disputes. As with any clause, all parties must agree to it's use in the contract before the contract is signed. In most states, an arbitrator may not award attorney's fees unless a statute or the parties' arbitration clause specifically provides for such an award. Some professionals and peers like this route as it is less time consuming and more finite. Many are of the opinion that it is not a good, protective measure for the parties involved.
Posted by Donna , NC on Tuesday, September 6, 2011
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