Landlord and Tenant Attorney Overview

Lawyers Can Assist With Landlord/Tenant Disputes, Evictions, and Other Issues

Landlord-tenant relationships are governed by a combination of state laws, local ordinances, and contractual agreements. Tenants may lease residential homes, apartment complexes, or commercial spaces from landlords, and legal questions or disputes may arise over the terms of lease agreements, rent payments, property maintenance, or evictions. Landlords and tenants can benefit from working with an attorney who can advise them of their rights and work to resolve conflicts.

Drafting, Reviewing, and Negotiating Lease Agreements

A lease agreement forms the foundation of the legal relationship between landlords and tenants. This contract will outline the rights, responsibilities, and expectations of both parties, and it must be carefully written to protect the rights of both parties and ensure that they both understand their legal obligations. A lawyer can assist landlords and tenants by:

Drafting lease agreements that comply with the applicable laws
Reviewing existing lease documents to identify unclear language or provisions that may lead to disputes
Negotiating the terms of leases to protect a client’s interests and help prevent future disputes
Explaining legal terminology and the obligations detailed in a lease to help clients make informed decisions

Common Lease Terms

The terms included in leases can vary depending on whether they involve residential or commercial properties. An attorney can help address key terms such as:

Rental Amount and Payment Terms: The lease should detail due dates, methods of payment, late fees, and security deposits.
Lease Duration and Renewal Options: A lease may involve fixed-term or month-to-month arrangements, and it should address how renewals will be handled while including notice requirements for termination.
Use and Occupancy Restrictions: Permitted uses of the property should be specified, as well as subleasing rules and occupancy limits.
Maintenance and Repairs: The parties should understand their responsibilities for property upkeep, repairs, and routine maintenance.
Utilities and Services: An agreement should specify whether the landlord or tenant will be responsible for paying for water, electricity, gas, internet, trash removal, or other utilities.
Alterations and Improvements: A lease should clarify whether a tenant may modify the space and who will retain ownership of improvements.
Insurance Requirements: An agreement may specify whether either party will be responsible for obtaining homeowner's insurance, renter's insurance, or liability insurance coverage.
Default and Remedies: The parties should understand what will constitute a breach of lease and the remedies that will be available in these situations.

Legal Assistance With Evictions and Lease Enforcement

Evictions are among the most contentious and legally sensitive issues that may affect landlords and tenants. Issues such as nonpayment of rent, damage to the property, engaging in illegal activities, or other lease violations may lead landlords to pursue evictions. However, landlords must follow specific legal procedures to remove a tenant lawfully. A lawyer can guide landlords through the eviction process by:

Providing notice to tenants that complies with state and local laws
Filing an unlawful detainer action with the court and managing related litigation
Presenting evidence in court to support the eviction and counter any defenses raised by the tenant
Coordinating with law enforcement or court officers to carry out a lawful eviction if a tenant refuses to leave after a court order

Legal errors in the eviction process can result in delays, financial losses, or liability for the landlord. An attorney can ensure that each step is handled correctly while protecting the landlord’s rights.

Defending Tenants Against Unlawful Evictions

Tenants can also benefit from legal representation in cases involving eviction. A lawyer can help defend against eviction by:

Evaluating the landlord’s actions to determine whether proper notice was given or whether the eviction does not have a legal basis
Raising defenses in court, such as improper notice, retaliatory eviction, or the landlord’s failure to maintain habitable premises
Negotiating with the landlord to reach a settlement or obtain more time to vacate
Filing complaints with housing authorities or the court if the tenant’s rights have been violated

Legal support is especially critical when tenants face eviction under challenging circumstances, such as disputes over rent increases, alleged property damage, or claims that they have engaged in illegal activities. An attorney can ensure that a tenant’s rights are protected during court proceedings while advocating for solutions that will help them avoid hardship.

Other Legal Issues Affecting Landlords and Tenants

An attorney can help address a variety of other legal concerns, including:

Property Damage Claims: Determining whether a tenant is liable for property damage and negotiating agreements for compensation or repairs
Security Deposit Disputes: Helping tenants recover deposits or defending against improper deductions
Habitability Issues: Addressing problems like mold, broken heating systems, or plumbing failures that could affect the health and well-being of tenants
Discrimination Claims: Ensuring compliance with the Fair Housing Act and other anti-discrimination laws

Legal help from a skilled lawyer can provide a clear path forward during disputes related to these issues. An attorney can work to resolve these disputes through negotiation, mediation, litigation, or administrative remedies.

Legal Assistance From a Landlord-Tenant Attorney

Whether you are a landlord managing your property investments or a tenant seeking to protect your rights, an attorney can help you address any legal issues you may encounter. With legal representation, you can understand your legal and financial obligations, ensure that your interests are represented, and work to resolve any disputes that you may encounter.