Landlord Tenant Attorney Free Consultation

If so, they can also help you with the entire process. We’ll review the steps involved in hiring a landlord tenants attorney and how to maximize the benefits of working with one.

 

Landlord-Tenant Law: An Overview

A lease agreement describes each party’s rights and responsibilities regarding the rental property. The lease agreement contains many rights and responsibilities, but conditions apply in some jurisdictions.

 

Rights of tenants

There are legal protections for tenants against housing discrimination under state and federal legislation. Tenants have the right to use their property, which must be habitable.

 

Quiet Enjoyment Implied Covenant

Whether or not it appears in the lease agreement, this covenant exists. A tenant has the right to keep others off their property and to enjoy peace. The landlord promises it will not disturb their enjoyment of the rental unit.

 

Habitability Warranty

The landlord is required to ensure that a property is habitable in terms of the terms of a residential lease. Depending on the jurisdiction, the tenant may be responsible for paying rent if the landlord maintains a habitable property.

 

A discriminatory practice

The Department of Housing and Urban Development enforces a law prohibiting discrimination in the rental and lending industries. The Department of Housing and Urban Development also has passed similar laws that protect discrimination based on a more comprehensive set of characteristics, such as sexual orientation, in several states.

 

Rights of landlords

As a landlord of residential properties, you have the right to determine which tenants will live on your property. Rent amount, pet policy, and the number of people allowed to live in each unit are all options available to you as a landlord.

There are, however, some federal laws and state laws that restrict landlords’ rights. Rent collection, including late fees, can also be regulated locally by states.

For tenants who violate their leases, landlords can evict them. To terminate the lease, landlords must provide written notice to the tenant within a specified period. Depending on the cause of termination, the deadline for giving written notice varies, ranging from a few days to 30 days. Landlords can still evict tenants if they enter the property and force them to leave. There is a limitation on how much force a landlord may use, which the court determines. Most commonly, landlords sue to evict a tenant. The law enforcement authority then enforces the judgment.

 

Problems Related To Landlord-Tenant Relationships

As landlord-tenant experts, we help folks resolve a variety of landlord-tenant issues, including:

 

Rental arrears

Sometimes, tenants do not pay rent. We can help landlords take legal action against tenants who simply do not follow the law in this respect. They may owe months of back pay, and you are not getting your fair share.

With the weight of a law firm behind you, you will be enough to ensure your tenants pay what they owe. We can assist you with writing & drafting letters that demand payment from your tenants.

 

Deposits for security

Other times, there are problems with the damage left behind in a rental room or property. The landlord usually claims this is their responsibility. But tenants can also feel mistreated.

If you choose us as your legal counsel, we’ll examine all the pertinent case details to create a plot, and if the matter goes to trial, we’ll come out on top.

 

Damages to property

Occasionally, the property is damaged, and there is a need to file a claim. Many tenants think they can avoid paying or need more money, which makes things more complicated. We have seen damage to the following properties:

• In walls,
• An influx of water,
• Damage from electricity,
• Damage to structures,
• Other scenarios may also apply.

 

Disclosures regarding safety

There have also been instances where safety disclosures did not occur when they should have. These cases can lead to significant legal repercussions for either party. The most common ones we’ve encountered are mold, lead-based paint, breathing issues, or structural damage that puts people in danger. Safety is a serious matter; don’t hesitate to pursue legal action! We will investigate the cause of the claim and help our client to come out on top.

 

Repair rights

In cases where landlords are not permitted to enter their tenants’ properties. While under the law, landlords are entitled to the “right to repair. This is the right to inspect the property once a month. Ultimately, this becomes a dilemma because, as a tenant, it feels the tension. Our clients ask us to help them resolve this issue, determining who is right.

 

Breach of lease

We will act as your legal shepherd in these situations and, on your behalf, uphold what the law says. Breaking the lease can be severe and result in an income recovery. In this case, contact us for a free consultation if your tenant disrespects you and takes advantage of your property. Tenants often flout the rules, so you may feel disrespected and cheated.

 

What Are A Landlord Attorney’s Responsibilities?

You can hire a landlord attorney to help you create or review your lease or represent you if you and your tenant are having a dispute. Landlord lawyers are often knowledgeable about state and local laws governing landlord-tenant relationships.

 

 

They can assist landlords in navigating the regulations and rules in their area that apply to rentals. In many cases, landlords will not even think about solutions to issues that can be brought to their attention by an attorney.

Regarding landlord requirements and responsibilities, an attorney can review your leases. Answer your questions about lease provisions and troublesome tenants, and keep you out of trouble.

Having a commercial landlord attorney on your side can help protect your interests during lease negotiations and provide valuable advice regarding the request for build-outs, modifications to the commercial rental space, and provisions for unforeseen circumstances like economic downturns, natural disasters, or pandemics.

 

If I Need A Landlord Attorney, How Do I Know If I Need One?

If you are in the following situations, you may need a landlord attorney:

• The first time you create a lease. Our attorneys can make sure your interests have a voice in the lease.
• If your current lease is not up-to-date or does not cover changing circumstances, you might consult with an attorney.
• In the case of a tenant who doesn’t pay rent or always pays late. You can get advice on what you can and cannot do.
• If you’re trying to evict a tenant or a guest of a tenant, you may want to get assistance from your attorney or ask for advice.
• You may be involved in a dispute over a security deposit. In this case, your attorney may be able to provide advice on what you can do.
• Dealing with complaints from neighbors or businesses. A lawyer can assist you in communication with neighbors to ensure that you don’t say anything that could undermine your position.
• Managing a domestic violence situation in your rental. An experienced housing lawyer can help you determine what can and cannot be done about domestic violence.
• The legal process for confronting renters engaged in criminal activity on your property. At the same time, it can seem risky to confront tenants who engage in criminal behavior. An attorney can help you address unwanted behaviors on your property safely and legally.

 

Choosing a Landlord Tenant Lawyer for Tenants

The following are signs you may need an attorney. For tenants, if you experience any of these, you should hire one:

 

There is a lack of needed repairs by your landlord.

Landlord-tenant laws prescribe a landlord’s duty to maintain and repair a rental unit. There may be an obligation in your lease agreement to make these repairs. But if your landlord does not follow through after being reminded, you can do a few things.

Depending on the state laws, you can hold off on paying rent until your landlord fixes the problem. Or you can fix the problem yourself and deduct the cost from your rent.

 

Injuries or illnesses

A court may find a landlord liable for injuries and damages resulting from a lack of care on a rental property. Your landlord might have neglected to address mold growth, which could have resulted in you becoming ill. Your landlord might not have fixed a loose or damaged floorboard, and you might trip and fall.

A landlord-tenant attorney who handles personal injury cases specializing in premises liability will be able to help you prove your case if you decide to sue.

 

Discrimination is taking place against you.

Especially in the rental management industry, discrimination claims are more common than you think. You will need legal counsel to recover damages or stop the act. And if you believe your landlord has discriminated against you and violated the Fair Housing Act.

You can win your case by proving the intent to discriminate. But there have been instances where a court held landlords accountable even when they did not intend to discriminate.

 

Damaged Personal Property

It is impossible to hold your landlord responsible for all incidents of personal property damage. Still, you can ask them for reimbursement if the damage occurred due to their maintenance failure. You might lose your belongings if your landlord fixes the plumbing poorly, leading to flooding in your apartment.

After a simple talk with your landlord, it’s OK if you receive reimbursement. If they refuse, you can hire an attorney to help you pursue compensation.

 

If you are facing eviction (with or without proper court procedures),

The best way to fight an eviction is to hire a lawyer, regardless of whether your landlord follows proper court procedures.

Alternatively, if your landlord does not go through the proper channels, it is even easier to fight an eviction. Your lawyer can argue that the eviction doesn’t count if your landlord evicts you without notification (as state law requires).

A landlord may also evict you by changing your locks or forcibly removing your belongings from the premises without a court order, known as self-help eviction.

 

Landlord and Tenant Lawyers’ Benefits

Most property managers and tenants hesitate to hire a landlord/tenant lawyer until issues such as eviction suits or ongoing tenant disagreements arise.

There are numerous benefits to working with a landlord-tenant lawyer.

 

Advice on legal matters

It is not uncommon for landlords and property owners of all experience levels to encounter legal issues. Occasionally, you may be able to handle these matters yourself, but at other times, you might need to seek the advice of an experienced rental lawyer.

Looking for a landlord and tenant attorney specializing in this law area is essential. This will enable them to grasp local laws, which differ significantly from state to state and town to town.

 

Providing guidance

Suppose landlords or tenants need help creating an enforceable lease agreement, addressing landlord harassment issues, or navigating the summary eviction process. In that case, lawyers can save much time and trouble. If you are looking for a lawyer specializing in this field, contact your local bar association or search online.

A landlord-tenant lawyer can offer guidance and assistance free of charge. As well as limited representation in housing courts. Where lawyers provide assistance, citations, or other support without taking your case on.

There is a high level of specialization required for landlord-tenant attorneys. Real estate attorneys may be qualified to handle other legal matters but may not have the expertise or training to represent landlord-tenant clients. To prevent costly mistakes that could compromise a rental property’s value, landlord-tenant lawyers can help.

 

Resolving disputes

There are attorneys for landlords and tenants who can assist with eviction disputes and commercial lease reviews. In addition to their comprehensive knowledge of local and state rental laws. These legal professionals can navigate complex legal issues that may escalate quickly.

Attorneys for landlords and tenants offer more than dispute resolution. They can also assist businesses in restructuring their companies or obtaining financing. Using their attorney, the business can save time and money while protecting itself against liability issues as their lawyer drafts the appropriate paperwork, files paperwork with authorities, and assists in navigating any ramifications that may arise.

 

Representation by an attorney

Landlords should consult a rental lawyer who understands state laws regarding landlords and tenants and property managers, carpenters, and other experts to manage their rental properties effectively.

From drafting lease agreements to handling eviction cases, a landlord-experienced attorney deeply understands the law and can help you avoid expensive legal troubles.

 

Bottom Line

Whether you are a landlord-tenant law expert or in other situations requiring a mediator or enforcer of the law, we offer free consultations from Attorney Real Estate Group regarding landlord-tenant law and other landlord-tenant law issues. If an unruly tenant breaks the law or the landlord is not adhering to California tenant law, we can step in on the landlord’s behalf.