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Visit our free Landlord Tenant Resource Center.
Landlord Tenant Law
Landlord tenant law covers issues related to leasing residential or real estate. When renting a property, the tenant signs a rental agreement with the property owner or manager. These agreements are supposed to cover the rights, obligations, and expectations of both the tenant and the landlord. In a landlord/tenant dispute, a landlord tenant attorney can help enforce the agreement or terminate the lease. Types of landlord/tenant issues can include:
- Housing discrimination
- Unlawful eviction
- Failure to pay rent
- Not giving back the security deposit
- Landlord not making repairs
- Problem neighbors
- Personal injury in common areas
Making a Lease Agreement
Many rental property owners just use lease agreements they find online even if it does not apply to their situation. A rental agreement should take into account all the important terms for renting the specific property to a tenant. If the lease agreement doesn’t include all the important information, it may be more difficult for the landlord to enforce the agreement or begin the eviction process for breaching the agreement. Terms of the lease agreement should include:
- Names of the parties (landlord and renter)
- Term of rental
- Amount of rent and payment terms
- Security deposit
- House rules
Can My Landlord Evict Me?
Tenants have certain rights against eviction by a landlord. However, tenant rights can vary widely by state and even by city. Some states have stronger tenant protections than others. In general, landlords need to go through a process to evict a renter. In most states, landlords have to give tenants written notice before eviction, to pay the unpaid rent or leave. If your landlord has filed a court order for eviction, you have a chance to respond in court.
If your landlord is unlawfully trying to evict you from your property in violation of state or local laws, contact landlord tenant lawyers for legal advice if you want to stay in your property.
Should I Hire a Landlord Tenant Attorney?
A tenant may want to contact a tenant law office for help in some of the following examples:
- Landlord is attempting to evict you unlawfully or for reasons not agreed to in the rental agreement.
- Landlord repeatedly violates your privacy by entering your home without your permission, even after being told to stop.
- Landlord fails to live up to the terms of the lease agreement, or lets the condition of your property get so bad to be uninhabitable.
- Landlord has materially breached the lease agreement and is unwilling to fix the situation.
A landlord may want to get help from landlord legal services in the following examples:
- Tenant does not pay rent and is unresponsive. It’s often the case that simply threatening to speak with an attorney is enough to cause your tenant to pay up.
- Upon move-out, a tenant trashes a unit and the security deposit is not enough to cover the cost of repairs.
- Tenant is engaging in illegal activities from a property.
- Tenant is in material breach of the lease agreement.
How Much Do Landlord Tenant Attorneys Cost?
Landlord tenant attorneys may offer a flat rate for certain types of services. However, if the issue goes beyond a certain scope, the attorney may charge an hourly rate for additional legal issues. Hourly fees for a landlord tenant lawyer can range from $200 to $400, depending on the practice area and region.