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Landlord Tenant Law

Landlord tenant law covers the legal rights and protections of both landlords and tenants. Lease agreements provide for the obligations, expectations, and rights of the renter and landlord and provide for remedies if there is a breach or a landlord tenant dispute.

Oregon Landlord Tenant Attorneys

Landlord tenant lawyers can represent either the tenant or landlord when a rental agreement has been breached and the parties cannot reach an agreement. For tenants, these attorneys can usually delay or prevent an eviction, or immediately stop landlord harassment. If your landlord is illegally raising rent, failing to fix problems in the rental unit, or won’t give you back your security deposit, a lawyer can step in to protect your rights. For landlords, a lawyer can help you create a valid rental agreement, to protect your rights as a property owner. A Cedar Mill law firm can also help you evict tenants who aren’t paying rent, and make sure you’re operating under the law when you take any actions against a tenant.

When Is My Cedar Mill Landlord Allowed to Raise the Rent?

Rent increases are often a big concern for renters in Cedar Mill, and in many cities across the country. Landlords generally can’t raise your rent while you are under an existing lease agreement. However, when you go to renew, your landlord may be allowed to increase the price of rent. Generally, the landlord 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.

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

Tenant rights provide 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. However, if you go beyond that, landlords are usually allowed to charge a late fee if the fee 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 of weeks.

Can My Landlord Come In When I’m Not Home?

Just because your landlord owns the property does not mean they can come into your house or apartment without notice. A Cedar Mill landlord has to have a reason to come in and they have to provide notice. Valid reasons for coming into the property include making repairs or inspections, performing agreed maintenance, and showing the property to renters or buyers. However, except for limited situations, the landlord still has to provide a minimum amount of notice.

When to Hire a Lawyer

It is in your best interest to get legal help early on in addressing your situation. There are times when hiring a lawyer quickly is critical to your case, such as if you are charged with a crime. It may also be in your best interest to have a lawyer review the fine print before signing legal documents. A lawyer can also help you get the compensation you deserve if you’ve suffered a serious injury. For issues where money or property is at stake, having a lawyer guide you through the complexities of the legal system can save you time, hassle, and possibly a lot of grief in the long run.

Tips on Approaching an Initial Attorney Consultation

• Use the consultation as a means of gaining a better understanding of your legal situation.
• Ask the attorney how many cases similar to yours he/she has handled. An attorney’s experience and knowledge can speak to their expertise (or lack of) in addressing your situation.
• Your attorney should be able to articulate roughly how long a case like yours will take to resolve and what sort of procedures to expect.
• Determine how comfortable you are working with the lawyer and/or law firm.

Types of legal fees:

Bill by the hour: Many attorneys bill by the hour. How much an attorney bills you per hour will vary based on a number of factors. For instance, an attorney’s hourly fee may fluctuate based on whether that hour is spent representing you in court or doing research on your case. Attorneys in one practice area may bill you more than attorneys in a different practice area.

Contingent fee: Some lawyers will accept payment via contingent fee. In this arrangement, the lawyer receives a percentage of the total monetary recovery if you win your lawsuit. In sum, the lawyer only gets paid if you win. Contingent fee agreements are limited to specific practice areas in civil law.

Flat fee: For “routine” legal work where the attorney generally knows the amount of time and resources necessary to complete the task, he/she may be willing to bill you a flat fee for services performed.

Common legal terms explained

Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.

Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.

Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.