Top Billings, MT Landlord Tenant Law Lawyers Near You

Landlord Tenant Law Lawyers

2812 1st Avenue North, Ste 301, PO Box 1899, Billings, MT 59103-1899

Landlord Tenant Law Lawyers

401 North 31st Street, Suite 1500, Billings, MT 59101

Landlord Tenant Law Lawyers

175 North 27th Street, Suite 1303, Billings, MT 59101

Landlord Tenant Law Lawyers

100 North 27th Street, Suite 200, PO Box 1875, Billings, MT 59103

Landlord Tenant Law Lawyers

490 North 31st Street, Suite 500, Billings, MT 59103

Landlord Tenant Law Lawyers

2825 3rd Avenue North, Suite 100, Billings, MT 59101

Landlord Tenant Law Lawyers

27 North 27th St., Suite 1900, Billings, MT 59103

Landlord Tenant Law Lawyers

175 N. 27th St., Ste. 1306, PO Box 1375, Billings, MT 59103-1375

Landlord Tenant Law Lawyers

175 N 27th Street, Suite 1101, Billings, MT 59101

Landlord Tenant Law Lawyers

2708 First Avenue North, Suite 300, Billings, MT 59101

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Billings Landlord Tenant Law Information

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What Is Landlord-Tenant Law?

Landlord-tenant law covers the legal rights and responsibilities of landlords and tenants. It includes issues like lease agreements, security deposits, rent payments, property maintenance, and eviction procedures. These laws are usually Billings and Montana laws and try to make sure that tenants have safe, habitable living environments and that landlords receive rent and maintain their properties. Landlord-tenant law aims to balance the interests of both parties, providing guidelines for resolving disputes and protecting the rights of each side.

Is There Any Limit to How Much a Landlord Can Increase Rent in Billings?

Rent increases are often a big concern for renters in Billings, and in many cities across the country they’re becoming more common. In most states, there’s not much of a limit to what a landlord can charge or increase rent by, though they may be required to stay within a market-price range. Landlords do have to give their tenants proper notice and include the new terms in any future leases. It will then be up to the tenant to decide if they want to renew or find a different housing situation.

Can You Be Evicted as Soon as You Stop Paying Rent?

Tenants have some protections when it comes to evictions. Most leases provide a small grace period for late rental payments, usually within a couple of days from the due date. If you go beyond that, however, landlords are usually allowed to charge a late fee, so long as that term was included in the lease. In many states, a landlord has to wait a set amount of time before they can start the eviction process, usually a couple of days to a couple weeks or so. They have to provide you with notice that if you don’t pay or move out on your own within a set amount of time, that they will begin the eviction process. If it progresses to an eviction, they have to take you to court and a judge must decide to grant the eviction. An actual eviction isn’t valid unless a judge issued it.

When Is My Landlord Allowed to Raise the Rent?

Landlords generally can’t raise your rent while you’re already in a lease cycle. If you’ve signed a year-long lease, your rent can’t go up three months in. But when you go to renew, your landlord is typically allowed to change the price of rent. They must give you “proper notice” of the increase in advance, which may vary by local jurisdiction or the terms of your lease. If you’re on a month-to-month lease, the state determines how much notice your landlord must provide before an increase can go into effect.

How Much Notice Does a Landlord Have to Give for a Tenant to Move Out?

Each jurisdiction sets their own rules on how much notice a landlord has to give before requiring a tenant to move out. This timeline may be impacted by the reason to vacate, like if it’s an eviction or if the landlord just doesn’t want to keep renting out that space. A common notice period for a non-eviction order to vacate is 30 days before the tenant is expected to leave. In some places it may be as little as a week or as long as two months, depending on the type of lease you signed. Landlords often have the freedom to increase the amount of notice they give, but not decrease it.

When Does a Landlord Have to Pay for a Hotel Room for a Tenant?

In most states, there’s no law that requires landlords to pay for temporary housing if a tenant’s rental unit becomes uninhabitable, even if it’s the landlord’s fault. Landlords may include a clause in their lease either reinforcing this, or offering to cover some expenses for hotels or other required accommodations, but in very few instances are they required to. If the lease says they will cover it, they will likely be bound to that, however. The landlord usually needs to reduce tenants’ rent for the number of days they’re unable to live in their home. If the conditions were exceptionally egregious or negligent, a tenant may have the option to bring their landlord to small claims court to recuperate any charges the displacement caused. Local laws determine what counts as legally uninhabitable, but it usually includes issues like a lack of plumbing or heat, or hazardous conditions.

Are There Any Landlord Tenant Lawyers Near Me In Billings, MT?

Protecting your rights as a tenant doesn’t always come easy. Finding an attorney who is knowledgeable about landlord tenant law and understands the system can go a long way. The LawInfo directory can help you find verified Landlord Tenant attorneys in Billings. Make sure you seek one out that understands the type of case you have so that you can work toward a favorable outcome.

What Are Some Examples of Situations Where I Might Need a Landlord Tenant Lawyer?

If you’re a tenant, you might need a landlord-tenant lawyer if:

  • You’re being evicted unfairly
  • Your landlord is violating your lease by changing the terms or increasing the rent
  • Your landlord will not provide routine maintenance or fix issues like leaky pipes or broken heating
  • Your landlord will not return your security deposit

If you are a landlord, you may need a landlord-tenant lawyer if:

  • You need to evict a tenant who will not pay rent or is committing frequent violations
  • Need to withhold a tenant’s security deposit because of damage
  • You are in a dispute with a tenant about who should pay for repairs
  • Need to resolve a dispute between multiple tenants
  • You want to make sure you are complying with Montana and Billings housing codes
  • Need help drafting leases that protect your interests while respecting your tenants’ rights

How Can a Lawyer Help Me With Landlord-Tenant Law?

A lawyer will protect and assert your rights. Lawyers help you navigate the legal system and see that your interests are represented. This includes: 

  • Providing legal counsel and guidance
  • Investigating and gathering evidence of violations by landlords or tenants
  • Determining liability for maintenance
  • Evaluating damages to rental units
  • Negotiation and mediation representation
  • Litigation and trial representation in court over lease disputes and evictions
  • Enforcement of court orders like evictions
  • Filing legal motions 

What Could Happen if I Don’t Hire a Landlord-Tenant Lawyer?

If you don’t hire a landlord-tenant lawyer, you might face challenges resolving disputes or understanding your legal rights. Tenants could struggle with unfair eviction, withheld security deposits, or unresolved maintenance issues. Landlords might face legal issues with improperly drafted leases, non-compliant evictions, or tenant disputes. Without a lawyer, you might miss important legal deadlines or fail to present a strong case in court, leading to unfavorable outcomes. A landlord-tenant lawyer can guide you through the legal process, ensuring your rights are protected and helping you achieve a fair resolution.

What Questions Should I Ask When Trying To Find a Landlord-Tenant Lawyer in Billings?

These questions can help you decide if you feel comfortable and confident that a lawyer has the qualifications, experience, and ability to manage your case well. Many lawyers offer free consultations that allow you to understand your options and get specific legal advice before hiring them. The top questions to ask include:

  • How have you handled cases like mine?
  • What are the potential outcomes of my case?
  • What is the timeline for my case?
  • Are there alternative dispute resolutions available, like mediation?
  • What is your billing and fee structure? What if I can’t afford to pay?
  • How long have you been practicing in Montana?
  • Do you have access to experts who can support my case?
  • How do you approach evidence collection?
  • What is your approach to negotiations and settlements?
  • What will my involvement be during the process?

Tips for Hiring a Lawyer

Finding a lawyer who is right for you and will represent your best interests is an essential first step in managing your case and protecting your rights. Find a lawyer who understands your case, knows your needs and goals, and has the experience to get the best outcome. Things to do: 

  • Ask for recommendations
  • Research lawyers online
  • Schedule consultations
  • Review experience and expertise
  • Talk about billing and fees
  • Trust your instincts 

What Do Judges Look for in Custody Cases?

In every state, family court judges must consider what is in the child’s best interests when determining custody. In most cases, judges emphasize making sure the child will spend ample time with both parents. To make this happen, a judge will likely want to know what each parent’s home environment is like, whether each parent will be able to give a child the proper attention, and which situation the child will be most likely to thrive in.

Who Has Legal Custody of the Child When the Parents Aren’t Married?

If the parents are not married, the child’s biological parents both have parental rights unless the law says otherwise. An exception to this could be if no father is listed on the child’s birth certificate. In that case, the father would have to go through the legal process of establishing paternity to be able to assert his parental rights for visitation.

How Can a Mother Lose Custody of Her Child?

A mother can lose custody of her child in much the same way a father could. This could include abusing the child, abusing drugs or alcohol, providing an unsafe home environment for the child, or abandoning the child.

How Can You Change a Child Custody Order?

If you or your ex are unhappy with the current custody arrangement, you can negotiate a change to your agreement. If a judge feels that the changes are still in the child’s best interests, then they may approve the order. If one of you is pressing ahead with seeking a change and the other parent is contesting it, you will need to prove a “substantial” change in circumstances. This could include one of the parents moving out of state, suffering from a disability or illness that affects their parenting ability, exposing the child to an unsafe environment, or having a change in work circumstances that requires rescheduling of visitation.

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