can you involve a lawyer when rentinga house

If, like many landlords, you own or manage only a few rental properties, you are unlikely to have a lawyer on staff or even "on retainer" (where you pay a lawyer in advance to handle routine questions and issues). Fortunately, you shouldn't need to constantly consult a lawyer or even keep one in the wings, "just in case."

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Do I need a lawyer for my rental property?

If, like many landlords, you own or manage only a few rental properties, you are unlikely to have a lawyer on staff or even "on retainer" (where you pay a lawyer in advance to handle routine questions and issues). Fortunately, you shouldn't need to constantly consult a lawyer or even keep one in the wings,...

Do I need a lawyer for tenant remedies?

In these cases, you might decide to implement one of your state's tenant remedies on your own (such as rent withholding or "repair and deduct"), but you might need some coaching on how to do it right. Consulting a lawyer might be your best move.

Should you hire a lawyer to sell your house?

In some circumstances, though, like if you’re selling for sale by owner or you’re dealing with unique property issues, it’s in your best interest to hire a real estate lawyer. But when you’re buying a single-family home in a straightforward transaction, a real estate agent can usually handle the sale on their own.

Can you rent a house to someone you're related to?

Renting a residence to someone you're related to can take many forms. Sometimes parents with kids in college consider buying an investment property near the school so they can rent it to their student and friends.

Where can I file a complaint against my landlord in Texas?

You can submit a complaint online, or you can call their office at (512) 463-2642 or toll-free (Texas only) at (888) 452-4778.

What are the renters rights in Texas?

Renter's RightsPeace and Quiet. Your rights as a tenant include the right to "quiet enjoyment," a legal term. ... Health and Safety. You have a right to demand that the landlord repair any condition that materially affects your physical health or safety. ... Security Devices. ... If You Have Problems.

Can the landlord raise the rent during the pandemic in Texas?

Even now, during the COVID-19 pandemic, there are no current ordinances preventing a rent hike in Texas. In March and April, though, two counties – Hidalgo and El Paso – did freeze rent temporarily. However, the ordinances only lasted a month or two and have since expired.

What is an attorney called?

In the United States, the terms lawyer and attorney are often used interchangeably. For this reason, people in and out of the legal field often ask, “is an attorney and a lawyer the same thing?”. In colloquial speech, the specific requirements necessary to be considered a lawyer vs attorney aren't always considered.

What a landlord Cannot do in Texas?

The right to "quiet enjoyment" of your home. This means your landlord cannot evict you without proper cause (most commonly nonpayment of rent) or otherwise disturb your right to live in peace and quiet. Your landlord must also protect you from any wrongful actions taken by other tenants.

What your landlord Cannot do?

Landlords cannot enter tenanted properties without giving proper notice. Landlords cannot arbitrarily end someone's tenancy before the lease expires. Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.

What is the most a landlord can raise rent?

According to the Tenant Protection Act of 2019, also known as AB 1482, landlords are allowed annual rent increases of 5% plus the percentage change in the cost of living (Consumer Price Index) per year, up to 10%.

How much notice do I need to give tenant of rent increase?

However, it is good practice to give them two months – so they have more time to find another home if they feel the increase is too high. If your tenant pays annually, you must give six months' notice.

What can landlords do about unpaid rent during COVID-19?

Consider all your options. Money from federal rental assistance could cover up to 18 months of rent – including unpaid rent incurred during the COVID-19 pandemic and future rent in certain cases – when the money is available. Evicting tenants can be time-consuming and expensive.

What's the difference between lawyer and attorney?

Instead, 'lawyer' or 'solicitor' is more common. For example in the US, an attorney is a general term for a lawyer that has passed a bar examination and can practice law in a particular jurisdiction. Attorneys act as lawyers but not all lawyers can perform the work of attorneys.

How do I hire a lawyer?

7 Must-Know Tips for Hiring an Attorney for Your CaseAsk for Recommendations. One of the best ways to find a good attorney is to ask people you trust for recommendations. ... Do Online Research. ... Schedule a Consultation. ... Ask the Right Questions. ... Assess fees and Costs. ... Review the Payment Arrangements. ... Listen to Your Gut.

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.

Your Landlord Is Evicting You

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a lawye...

Your Landlord Is Evicting You Without Proper Court Procedures

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hand...

Your Landlord Discriminates Against You

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any...

Your Landlord Won't Make Necessary Repairs

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the land...

Your Landlord Isn't Fulfilling His Promises

Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighbor...

You've been Injured Or Made Ill

Accidents can happen, even at a well-run rental property. However, if an accident is the result of the landlord's carelessness, you may have a lega...

Your Property Has been Damaged

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring re...

How to Get A Lawyer's Help

If you are in need of a lawyer, choose one with expertise in landlord-tenant matters. For help in getting a lawyer, read the article "How to Find a...

What can a lawyer do to help a landlord?

A lawyer experienced in handling discrimination cases can help determine if your landlord’s actions were illegal and if you have a credible case against your landlord. In addition to the FHA, state and local housing laws prohibit various types of discrimination against tenants—and are often stricter than federal laws.

What to do if landlord discriminates against you?

If your landlord does take discriminatory actions against you, a lawyer can help stop the discriminatory behavior and help you recover damages. Proving that your landlord discriminated against you can be difficult, especially when it’s not obvious.

What happens if you lose a lawsuit against your landlord?

On the flipside, if you lose a lawsuit against your landlord, you might be on the hook for fees and costs. Watch out for "one way" fees clauses (where the landlord doesn't have to pay your fees and costs if you win, but you have to pay the landlord's if you lose).

What happens if your landlord doesn't fix your roof?

For example, if your landlord doesn’t fix a leaky roof before a forecasted rain storm, your furniture and other property might be damaged.

What to do if landlord evicts you without notice?

If your landlord has tried to evict you without following the proper procedures, such as not giving enough notice or improper service, a lawyer can help you figure out the technical violations and how those can be used to dismiss an eviction suit.

What is a notice to pay rent?

For example, a notice to pay rent or quit (given when a tenant fails to pay rent) usually must state how much the tenant owes and give a firm deadline by which the tenant must move out or pay rent. Landlords must serve termination notices as mandated by state law—typically hand delivery or delivery by certified mail.

What is the best way to protect your rights as a landlord?

1. You’re Experiencing Discrimination. Under the federal Fair Housing Acts (FHA), it’s illegal for landlords to discriminate against both potential and current tenants.

Fee Arrangements

Attorney fees can be daunting, but you should be aware that some attorneys will take cases that involve a potentially substantial payout on a contingency fee basis. This is the usual way of handling personal injury and discrimination cases, although it is not common in eviction cases.

When the Landlord Pays

Your lease may have a provision that awards attorney fees if you win in a dispute over the lease. These provisions usually work both ways, meaning that whoever loses pays both sides’ attorney fees.

Disputes with Your Lawyer

If you are concerned about your lawyer’s fees, accessibility, or competence, you should address the situation head-on as soon as possible. If it is not cleared up to your satisfaction, you should not hesitate to change lawyers.

Why do people rent out properties?

While there are some landlords out there who make a career out of being a landlord, most folks who rent out properties do so because it’s a lucrative form of investment. They own one or a few rental properties and are largely self-educated when it comes to the legal side of the business. In other words, they don’t necessarily keep ...

What happens if you are sued for housing discrimination?

When You’re Being Investigated or Sued for Housing Discrimination. The penalties for engaging in illegal housing discrimination are steep. Not only will a landlord potentially face a $16,000 decision, but they can likewise owe other damages to the plaintiff.

Can a landlord sue for property damage?

Property Damage Lawsuits. If a landlord’s failure to maintain his property results in damage to the tenant’s property, the tenant has a right to sue the landlord for damages . Some landlords require that their tenants carry renters insurance which may cover property damage to tenant’s belongings done on the premises.

Can landlords be held liable for personal injury?

Only if the landlord fails to respond could they then be held liable for injuries that occur on their premises. Nonetheless, personal injury lawsuits are complex issues and having a lawyer handle them for you will produce the best results.

Can a landlord be sued?

There are a number of reasons that a landlord can be sued, but one of the most common is a failure to maintain a safe and healthy residence. Tenants can bring premises liability lawsuits if they result in personal injury.

Do landlords need a lawyer for eviction?

In addition, there are some complex evictions in which even experienced landlords would want to have a lawyer help them. Those include: The tenant has a lawyer and is fighting the eviction. The tenant is filing for bankruptcy. The tenant is involved with a state sponsored-housing program.

Can a landlord evict a tenant?

While eviction lawsuits are expedited, the rules governing eviction lawsuits are strict. Landlords who have experienced an evi ction in the past have a better chance of successfully evicting a tenant. Still, unless you’re a lawyer, there are always going to be unforeseen wrenches thrown into the works. Even if you are a lawyer there may be ...

How to evict a tenant?

Still, many landlords try to evict a tenant themselves, often with success. (For more on evicting tenants, see Nolo's area on Evicting a Tenant or Ending a Lease .) But you may be better off hiring a lawyer if: 1 this is your first eviction 2 the tenant is fighting the eviction and has a lawyer 3 the tenant is an employee whom you're firing 4 the tenant is filing for bankruptcy, or 5 you must comply with rent control or housing program rules for eviction.

How much is the penalty for a HUD violation?

HUD administrative law judges can award a civil penalty of $16,000 per violation for first-time offenders, in addition to actual damages, attorneys' fees, and other relief. Your liability can be much higher if your case goes to court or you settle.

Can you sue a tenant for not maintaining the roof?

Tenants or guests may also sue you if they think that your failure to maintain the rental property caused damage to their property. For example, if you don't maintain the roof and a leak occurs during a normal winter rain, soaking the tenant's furniture, the tenant may look to you for compensation.

Can you confront a tenant who has suffered a loss?

Also, you may find it difficult to confront a tenant who has suffered a serious loss, even though you believe you should not be held responsible. Any lawyer you hire will be emotionally detached from the case and experienced in effectively negotiating these types of situations.

Do you need a lawyer for discrimination?

You don't need a lawyer every time a prospect or tenant accuses you of illegal discrimination. In fact, landlords who diligently comply with fair housing laws can still get these accusations from prospects they reject or tenants they evict for legitimate business reasons.

Do landlords have to follow the rules of a lawsuit?

But in exchange for expedited treatment, landlords must follow highly detailed rules, from notifying the tenant of the lawsuit to filing the right papers and forms. In addition, because it's the tenant's home that's at stake, many judges will set the bar very high when it comes to ruling in the landlord's favor.

What is real estate lawyer?

A real estate lawyer is trained to handle these problems and has the most experience to deal with them.

What to do if a lawyer is not needed during the negotiation process?

Even if a lawyer is not needed during the course of negotiations, both the buyer and seller may want to consult with a lawyer to answer important legal questions, such as the tax consequences of the real estate transaction. The tax consequences may be of critical importance to a home seller.

How to avoid problems with a home purchase?

Avoid Vague or Unclear Terms. A lawyer can help you avoid some common problems with a home purchase or sale. For example, a seller may sign a brokerage agreement that does not deal with a number of legal issues. This happens quite often as realtors often use standard forms, expecting that they will cover all situations.

What is the purpose of an attorney when signing a deed?

Once the deed and other closing documents are signed, an attorney can make sure that these documents are appropriately executed and explained to everyone.

What can an attorney do to help with title insurance?

Assuming you are in an area where title insurance is customary, an attorney can help review the title search and explain the title exceptions as to what is not insured. They will also determine whether the legal description is correct and whether there are problems with adjoining owners or prior owners.

What happens if you are the only person in the US without a lawyer?

If you are the only person there without a lawyer, your rights may be at risk.

Can a realtor be forced to pay more than one brokerage commission?

In the absence of an agreement to the contrary, the seller may become liable to pay a brokerage commission even if a sale does not occur, or they may be forced to pay more than one brokerage commission.

Why do I need a real estate attorney?

Many experts argue that one of the best reasons to hire a real estate attorney is that they’re the only party who isn’t working on commission – meaning that , since they don’t have a financial stake in the final sale price of your home, they’re the only truly neutral third party.

Why is a real estate attorney important?

A good real estate attorney provides a backstop for your real estate agent, finding loopholes in the purchase agreement, saving you money with contingencies, and maybe even insulating you from lawsuits years down the line. Let’s go over some of the situations where hiring a real estate attorney is a good move, the responsibilities ...

How much do real estate attorneys make an hour?

Real estate attorneys are paid by the hour — market rates are between $150 and $350. You may be able to negotiate a flat rate, or a cap on the number of hours they work on your behalf.

What are the benefits of being an agent?

A great agent doesn’t just help you buy or sell a property; they also offer a sympathetic ear, gentle advice, and all around emotional support. A huge financial transaction can be a huge source of stress, and a good agent knows how to reassure their clients.

Is a realtor a negotiator?

Real estate agents may be skilled negotiators, but their leverage is limited. An attorney wields the threat of litigation, which is expensive and, if the other party is in the wrong, potentially disastrous. That means they wield significant influence in any negotiation.

Do I need a commercial real estate attorney?

This isn’t the case when it comes to commercial real estate . Commercial real estate deals are much more complicated and risky, and there’s usually a lot more money involved, so hiring a commercial real estate attorney for a commercial transaction is basically required.

Should I listen to my real estate agent?

So if you’re buying new construction, a pristine property, or signing a regular lease, using the standard forms and listening to your real estate agent’s advice should be just fine. But if you have any questions involving real estate law or taxes, a lawyer is your best source for this advice; in fact, in most states, ...

How to legally rent out a room in your house?

To legally rent out a room in your house, you need to follow these steps: 1. Make sure that local laws and zoning permits allow you to rent out a room in your house; some cities or HOAs have restrictions on anyone that is not family living at the property. 2.

How to protect yourself when renting a house?

When renting out a room in your house, make sure that you do the following to protect yourself and your finances: 1 Have a thorough and complete rental agreement in place 2 Screen tenants properly 3 See if you are eligible for additional insurance protection 4 Do move-in and move-out walkthroughs to check for damages

Why is it important to get a good renter?

If you’re renting out a room , it’s extremely important you get a good renter in your home. Not only do you want to ensure that they will pay rent, but you also need to remember that normal tenant issues are amplified when you’re sharing a home with the renter.

How long does a lease last?

Lease agreements typically go for one year, but if you are renting to a college student, you may want to consider a 9- or 10-month lease to coincide with the school year. Or, if you want to create a 6-month lease agreement to see how you like renting out a room in your home, that’s perfectly fine as well. 2.

What does it mean to rent out a room?

Renting out a room in your house may be an actual bedroom, mother-in-law space, or some combination of bedroom and bathroom, plus kitchen access. No matter what space you decide to rent, realize that it means you will have another person living in your home.

Do you need a lease agreement for a room in your own home?

A room rental agreement for a private home should, in many ways, reflect what landlord-tenant laws require any other lease agreement to look like. Yes, even when renting out a room in your own house, it’s a smart idea to have a lease agreement that specifies what is expected of a tenant roommate and what your responsibilities are as a landlord.

Is renter income taxable?

Yes, any income generated from renting a room (in the United States) is taxable income. However, if you rent out the room for less than 15 days, this does not apply as long as you use the residence as your general housing for at least 15 days yourself.

How to avoid fair market rent?

Have proof that the rent you charge is fair-market rent. If you rent to a relative, make sure the property is their principal residence. Avoid making gifts to help the relative avoid the fair-market rent. If you give a good-tenant-discount, use a reasonable discount such as 10 percent.

How much of rental income is tax free?

Their use goes against your 14 days of rental use, or 10 percent of rental days, when rental income is tax-free. In short, here are the five things you need to do to make sure you can continue to claim rental property deductions: Charge and receive a fair-market rent. Have proof that the rent you charge is fair-market rent.

Is a second home a rental to relatives?

If the home you're renting is your second home or a vacation home, you also need to be aware of how this affects it as a rental to relatives. Regardless of what you charge for rent, their use equals your personal use. Their use goes against your 14 days of rental use, or 10 percent of rental days, when rental income is tax-free.

Can you charge a relative a lower rent?

The tax law does allow you to charge a relative a slightly lower rent based on what's known as the good-tenant-discount. A discount of up to 20 percent has been allowed, but tax advisers generally recommend using a 10 percent discount because it's easier to justify. And even if you charge a fair-market rent to your relative, ...

Can you rent a second home to a relative?

If you own a second home or a rental property, it's tempting to rent it to a relative. After all, your relations can make great tenants because you know them, and they're likely to take good care of the property. However, doing so isn't without risks, including adverse tax consequences.