Top Memphis, TN Landlord Tenant Law Lawyers Near You

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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.

Tennessee 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 Memphis 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 Memphis Landlord Allowed to Raise the Rent?

Rent increases are often a big concern for renters in Memphis, 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 Memphis 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.

Best Time to Seek Legal Help

No matter what your legal issue may be, it is always best to seek legal help early in the process. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.

How to Prepare for Your Initial Consultation

Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.

How will an attorney charge me?

A reputable attorney will be very upfront about how he/she will charge you. The three most common fee structures that attorneys use to charge for their services are:

• Bill by the hour
• Contingent fee agreement
• Flat fee agreement

Depending on your specific legal situation, it’s possible that only one type of fee structure is available. For instance, criminal defense attorneys almost always bill by the hour. In a flat fee arrangement, an attorney accepts a one-time payment to help you resolve your issue. With a contingent fee agreement, the client pays little to nothing upfront and the attorney receives a percentage of the money recovered if you win your case.

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.