Landlord Tenant Attorneys

 

“Laws of the landlord/tenant cover the entire process of renting a house, commercial or residential. In the event of an issue, an experienced Landlord/Tenant Attorneys can assist the landlord and the tenant.”

Landlord Tenant Attorneys.

 

Lawyers can assist landlords in drafting an effective lease. Landlord/tenant lawyers can help landlords when tenants violate leases, do not pay rent, abuse the property, and trespass on their property after the lease expires without paying rent.

 

How Can a Landlord/Tenant Lawyer Help You?

A seasoned landlord or tenant lawyer can assist tenants and landlords whenever issues arise. The landlord will not undertake the necessary repairs to allow you to live in a safe property. If the tenant has been injured due to the property, or the landlord has violated the lease.

For landlords, a lawyer for the landlord can assist when the tenant has broken the lease, doesn’t pay the rent required, or uses the property for unlawful purposes. And when the tenant has not paid rent on time or has been able to extend the lease period without paying rent and has turned into an intruder.

We handle various tenant disputes, both residential and commercial leases.

 

What should they include in a Lease?

Leasing agreements define the terms of the relationship between the landlord and the tenant. They should include the following provisions:

 

  • Rent:

The rent payable per month, the due date, and a late penalty for not paying rent by a certain date. Landlords in non-rent controlled jurisdictions usually have the right to raise residential rents without restriction.

 

  • Duration:

Unlike rental agreements, leases are usually longer than rental agreements. While rental agreements are generally for one month to one year, leases can last for several years.

 

  • Occupancy:

The rental agreement must specify the number of occupants (renters) permitted in the unit.

 

  • Utilities:

Water and garbage collection are typically included in apartment rental agreements, but electricity, gas, and telephone are usually the tenant’s responsibility.

 

  • Security Deposit:

Leases or rental agreements should explicitly state the amount of a security deposit. It is illegal for landlords to deduct normal wear and tear from a security deposit. Most jurisdictions have laws prohibiting this.

 

  • Landlord Entry:

Leases or rental agreements should specify how a landlord gains entry to a property. Landlords are usually required to give tenants notice before entering the property. Tenants’ privacy rights vary from state to state.

 

  • Move-in Inspection:

When tenants take possession of a rental unit, the landlord/ tenant should examine the unit for any preexisting conditions.

 

  • During Move-Out Inspection:

During the move-out inspection, tenants assess the condition of their rental unit and compare it with the information provided during move-in to determine.

 

  • Disabled Tenants:

It is the landlord’s responsibility to make reasonable accommodations for tenants with disabilities. However, landlords are not required to impair their ability to operate significantly.

 

When Should a Landlord Hire an Attorney?

Although most disputes between landlords and tenants can be resolved by common sense, more complex issues may arise. It might be tempting for landlords to look for information on landlord-tenant law and legal aid websites on the internet. With legal guidance, an issue such as a fast eviction can get smooth.

 

When Should a Landlord Hire an Attorney?

 

The benefit of having an attorney on retainer is to help protect your property and income.

 

Creating a Lease Agreement

A lease agreement allows the tenant and landlord to establish their relationship. When worded correctly, it can include all kinds of enforceable items.

Several things appear in a lease agreement, such as the terms, the rental amount, the rent due date, and utility agreements. Hiring a professional to draft your lease will avoid unforeseen future challenges.

 

When Your Tenant Refuses to Pay

Putting in place a system for dealing with defaults with the help of a landlord-tenant attorney will help prevent this from happening. In the event of a default, Mr. James Clark gets the notice to the tenant as soon as possible and in the proper form.

Maintaining a good relationship with your tenants may take time due to the many bills you need to pay. However, your tenants should know you won’t take advantage of them.

 

Use a security deposit to recover the money.

We can use a security deposit to recover the money when a rental space is damaged. But it rarely gets noticed as an important part of a rent-to-own agreement. Sacramento requires security deposits to be held in a separate account. When landlords do not know any better, they use the funds as operating income.

You can negotiate the proper handling of security deposits and potential disputes with your landlord-tenant lawyer when a tenant requests an accounting of their security deposit.

 

Navigating Anti-Discrimination Laws for Rentals

Landlords must be aware of laws against discrimination when providing rentals to tenants on Long Island.

  • Religious beliefs,
  • Creed, nationality,
  • Sex,
  • Age,
  • Disability,
  • Marital status,
  • Military status,
  • Sexual orientation,
  • Or gender identity in Sacramento.

Since renting a property is essentially a business, keeping any prejudices in check is imperative.

 

Evicting a Tenant

In most cases, landlords do not want to evict a tenant. They want their rent to pay and their tenants to comply with their lease terms. Evicting a tenant takes a lot of time and effort, so it’s important to follow the right process.

Successful evictions require speed, strategy, and tact. A landlord-tenant attorney will guide you through strict rules to evict your tenant legally.

 

When Should a Tenant Hire an Attorney?

 

You’re Experiencing Discrimination

A landlord can’t discriminate against a current or prospective tenant under the Fair Housing Act (FHA). The FHA protects tenants and applicants based on the following categories:

  • Sex,
  • Race,
  • Color,
  • Religion,
  • Family status,
  • Disability,
  • And nationality.

Landlords cannot deny housing or take other actions against tenants or applicants based on these categories.

It can be difficult to prove discrimination against you, especially when it is not obvious that your landlord is discriminatory. A lawyer can assist you with stopping discriminatory behavior and recovering damages if your landlord does discriminate against you.

If your landlord took illegal actions and you have a credible case against your landlord, a lawyer experienced in discrimination cases can assist you.

The Federal Housing Administration and state and local laws prohibit tenants from discriminating against them in various ways—and these laws are often more restrictive than federal laws.

In addition to FHA protection, state law might prohibit discrimination based on gender identity or sexual orientation. Another reason you might hire a lawyer is the overlap between FHA and state anti-discrimination laws.

Suppose you believe you are being discriminated against illegally. In that case, you have a choice: you can file a fair housing complaint with the Department of Housing and Urban Development (HUD) or a local or state agency participating in the HUD Fair Housing Help Program.

HUD lawyers provide free representation to determine if your landlord discriminates against you. You might receive financial compensation and penalties if you prevail in your case.

 

You’re Being Illegally Evicted

Tenants can legally end their tenancies early if they engage in illegal activities, violate lease terms, or don’t pay rent. As long as you do not violate one of the lease terms, a landlord cannot evict you without a legitimate reason.

It is illegal for landlords to evict tenants simply because they don’t like them or to retaliate against them. In most cases, if you rent month-to-month, your landlord can terminate your tenancy with proper notice for any reason.

If your landlord shuts off your power, locks you out of the rental, or removes doors and windows, that’s illegal. If a landlord has the right reasons for ending your tenancy, removing doors and windows and turning off the power is not legal.

You should contact a local landlord-tenant attorney if you believe your landlord is attempting to evict you illegally. An attorney will be familiar with local laws and procedures, enabling them to guide you in fighting the eviction.

 

Your Landlord Ignores Proper Eviction Procedures

You must follow specific procedures if your landlord wishes to evict you—state and local laws explain the steps landlords must follow. In most cases, landlords must give tenants a formal termination notice before filing an eviction suit, and that notice must adhere to the laws that specify the permissible termination reasons.

It’s typical for a notice to pay rent or quit, including a firm deadline for moving out or paying rent and how much the tenant owes. Landlords must deliver termination notices by hand or certified mail by state law.

It is possible to find out what the technical violations are and how they can be used to dismiss an eviction suit if your landlord has attempted to evict you without following the proper procedures, such as not giving enough notice or not providing adequate service.

After the first eviction lawsuit has been dismissed for the improper procedure, your landlord may restart the eviction process if they have valid reasons for evicting you.

 

You Became Sick at Your Rental

Even when you are careful, injuries can happen on a rental property. Occasionally, landlords are negligent or inattentive, leading to injuries. If, for example, you lean on a broken stair railing in a common area stairway, you may break your arm. The landlord may be liable if your injury is caused directly by their actions (or inactions).

In some cases, landlord negligence might lead to illness. For example, if your landlord doesn’t clean mold from your rental, you might have a greater chance of contracting respiratory diseases such as asthma.

If the lawyer believes you have a credible case against your landlord, they will determine if the landlord’s actions (or inactions) amount to negligence. In that case, you likely won’t want to pursue the case on your own:

If an injured party is going to win a personal injury lawsuit, medical experts will have to provide detailed medical evidence. Non-attorneys may need help understanding all the legal and evidentiary requirements.

 

Your landlord’s responsibility to maintain their rental properties

It is a landlord’s responsibility to maintain their rental properties in good living conditions. You might have a legal claim against a landlord who fails to repair a broken window or ignores requests for air conditioning repair during a heat wave if it affects your ability to live in your rental home safely and comfortably.

In addition, tenants’ options differ between states when a landlord fails to provide habitable housing, complicating the situation.

The landlord may not meet habitability standards in other states, so tenants have no choice but to sue them. When tenants respond to their landlord’s failure by taking action that isn’t allowed by state law, they may receive an eviction notice.

Lawyers are especially helpful in these situations. When your rental is unsafe, contact a lawyer if you have any legal questions about what you can do.

 

Destruction of Your Property

You can suffer damage if your landlord fails to make necessary repairs or maintain your rental. In the case of a leaky roof, your furniture and other property might suffer if your landlord doesn’t fix it before a forecasted rainstorm.

Your renters’ insurance may cover your loss if there is any damage to your property. You should request that your landlord cover any damage and report it to your landlord’s insurance company if you do not have renters’ insurance or one that does not cover the damage in full.

You can get reimbursement from your landlord by writing a demand letter with all the needed documentation (such as the replacement value of the damaged item) with the help of a landlord-tenant attorney.

You may even be able to sue your landlord for reimbursement if your renters’ insurance policy covers the costs of hiring an attorney.

 

Bottom Line

Having an attorney represent you will allow you to identify the law that applies to your landlord-tenant relationship and help you reach a satisfactory outcome. In addition to helping you discover the obligations under a lease, a real estate attorney can also review the lease terms. Also, a real estate lawyer can assist you if there are defects on the property or you are facing an eviction.