do you need lawyer when renting

Do I need a lawyer for a rental property lawsuit?

If the landlord later refuses to honor the promise, you might need to hire a lawyer to write a stern letter to your landlord, with a reminder that landlords can be held liable for some criminal activities at their rentals, and threatening a lawsuit unless the landlord follows through.

Why do I need a landlord/tenant attorney?

Oct 08, 2010 · Under Virginia law, a plaintiff may recover attorney’s fees spent in pursuing a lawsuit only if a contract or statute provides that he may do so. If a landlord owns ten or fewer rental properties, the applicable Virginia landlord and tenant law does not provide for recovery of attorney’s fees by statute.

Should I hire a lawyer to evict my Landlord?

Whether you are a renter who is leasing a house or apartment or a landlord who rents out real estate, there are a variety of reasons that you may need legal advice. A landlord/tenant attorney can help you analyze your situation, determine what your rights are, and make a well-informed decision about how to protect your interests. We've created a list of trusted landlord/tenant …

Should I hire a lawyer to represent me in a lease?

Aug 04, 2018 · Why Do You Need A Rental Lawyer? The rental lawyer when reviewing or making up contracts for your rental property business concentrates on the legal issues about the tenant and landlord rights. Rental lawyers can also help property managers in managing their rental property businesses from reviewing the draft of a lease or rental agreement to evicting a tenant.

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 is a landlord tenant attorney?

A landlord/tenant attorney can help you analyze your situation, determine what your rights are, and make a well-informed decision about how to protect your interests. We've created a list of trusted landlord/tenant attorneys to help you find a lawyer who is the best fit for your situation.

What are the legal issues with landlords?

Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. These often include: 1 Landlord/tenant disputes, such as those related to rental rates, late or unpaid rent, security deposits, disagreements about the habitability of rental property, and other tenant rights and landlord rights issues. 2 Eviction, either seeking to evict a tenant or helping a tenant fight eviction and stay in their home (especially during times where additional tenants' rights/renters' rights are in effect, such as the COVID-19/coronavirus pandemic). 3 Rental agreements and lease agreements, including initial drafting and review of rental contracts, updates to the terms of the lease, and other contract-related matters. 4 Discrimination claims, including those related to housing discrimination on the basis of race, national origin, sex, religion, disability or other classification protected under the federal Fair Housing Act or other state or local ordinances. 5 Commercial real estate matters, from negotiating an initial commercial lease to litigating business disputes related to the lease or other issues. 6 Personal injury claims, if a property is not kept safe and in proper repair and someone is injured as a result. 7 Addressing tangential issues for landlords, including business law and estate planning-related issues such as business succession planning, and protection of rental property assets in a divorce or other family law matter.

Debra Joan Cheatham Reece

Let me ask you one question. Do you know what I mean when I say "liquidated damages clause". If the answer is no, then get a lawyer. Remember that a contract is never for the people who FOLLOW the contract. It's always written to be enforceable against people who BREACH the contract.

Scott Allen Scholl

It is not required that you hire an attorney to draft the agreement for you, but the benefit in doing so is that the attorney will have both the knowledge as to what the effect of the language of the proposed agreement will be, as well as the background and experience to anticipate common problems that need to be addressed...

What do commercial real estate lawyers do?

Commercial real estate lawyers deal with construction and development projects, as well as zoning issues. If you don’t own a business, you probably won’t ever have to deal with a commercial real estate lawyer.

Is Rocket Lawyer a substitute for an attorney?

Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

What is the relationship between a tenant and a landlord?

Renting a property creates a business relationship between a tenant and a landlord, which is governed by landlord-tenant laws and the Lease Agreement. Each state has its own laws regarding rental property, so it’s important to review the laws in the state where your property is located or contact a local attorney for advice on your specific renting situation.

What is a permission for a landlord?

As a landlord, you get to make decisions about what will and will not be allowed in your rental property. These are called permissions, and commonly address matters such as pets and home improvements.

Why do you need a property manager?

Other reasons you might hire a property manager: You live far away from your rental property. You’re not interested in managing a rental property. You don’t have enough experience to successfully manage the property. In that case, a property manager can help ensure you are renting legally.

What happens after a tenant moves in?

After your tenant has moved in, signed the rental contract, and paid you, you are officially in business as a landlord. Although the tenant occupies the rental unit, it’s still your property and you will have ongoing responsibilities to your tenant and to the property, including repairs and maintenance.

How to set a rental price?

To set a rental price, you will need to figure out your monthly costs to run the rental property. Think about your mortgage payment plus any additional expenses you are covering, as well as condo or HOA fees. Once you have your monthly figure, look at nearby rentals of comparable value to set your price.

What to know before buying a property?

Before purchasing a property, it’s important to investigate your local zoning laws to see whether or not they will affect your rental property. An area zoned for one type of land use may later be changed, so be aware of future developments that could affect your property.

Do you need homeowners insurance for a rental property?

While this may provide some protection, a landlord insurance policy may be more aligned with your needs as it may offer coverage for liability on the property or damage by the tenant. Contact your insurance provider to ensure you are getting the correct coverage for your property and that it ’s classified as a rental.

What are the rights of a tenant?

Tenants have rights, such as the right to privacy and not being disturbed, and you have to respect them . There are also local zoning laws, state laws and federal laws that you need to abide by. For instance, at the federal level, you must disclose any lead-based paint hazards to tenants. The Fair Housing Act and the Fair Credit Reporting Act requires that you get permission before running a credit check, It also says that you must disclose which reporting agency you used and whether anything in the person’s credit report led to your turning them down.

What happens if a tenant falls down the stairs?

For instance, if your tenant falls down the stairs and the court determines you were remiss in not properly maintaining those stairs, you could be held responsible for the medical bills. Based on your policy, your insurance may cover it. You usually don’t pay a deductible for a liability claim.

How long does it take to depreciate a rental property?

The IRS defines that time span as 27.5 years.

Is renting out your home a business?

Renting out your home can be a lucrative business if you do it right. That includes getting fully acquainted with landlord, property and tax laws. You also want to avoid handing the keys to the wrong person. A team of professionals – lawyers, accountants, real estate agents – can make the whole process easier.

Can you deduct interest on a rental property?

As a landlord, you may qualify for some rental property deductions. For starters, you can deduct interest paid on the mortgage or other type of loan you took out to acquire or improve the property. So you may be interested in a home improvement loan. Or you can take out a home equity line of credit (HELOC) to fund a few repairs that can boost the value of your house.

What is landlord insurance?

Landlord insurance typically breaks down into two categories: property and liability protection. Both are designed to protect you from financial losses. Most property insurance policies would cover you in the event the home falls victim to the elements like fire, lightning and wind.

Can you deduct credit card interest on taxes?

In addition, you can deduct credit card interest that you’ve paid in relation to rental activity. Generally speaking, you can deduct most rental activity expenses from the income you earn from that rental property. This reduces your overall tax liability.

Account Closed

What kind of legitimate lawyer would want to spend hour (s) defending a claim for a couple grand overdue rent in what amounts to basically a notch below traffic court ...? I realize law school is a different animal in the USA than here but good grief.

Thomas S

I personally choose not to rent to lawyers, legal aid, police officers or social workers. I have interacted with these professions a fair bit and find that generally speaking they have certain personality traits that I feel could make them difficult tennats.

How to get a copy of a deed to a house?

Retrieve your original deed. If you’ve misplaced your original deed, get a certified copy from the recorder of deeds in the county where the property is located. You’ll need to know the full name on the deed, the year the home was last bought, and its address. Expect to pay a fee for a copy of the deed.

What is the difference between a deed and a title?

While a deed evidences the transfer of property, a title states how the ownership is held. The title sets forth the capacity of an owner to offer an interest in the home as collateral for mortgages, and to transfer the whole interest, or a portion of their property interest, to someone else in the future.

What is warranty deed?

The general warranty deed promises that no unmentioned lienholders exist who might have claims to the property; it means the owner is free to sell the home . Warranty deeds are used in “arm’s length” transactions — between people who don’t know each other apart from the real estate deal.

Can a will be written without a lawyer?

Wills, of course, are another way to transfer a deed, and a will can be written without a lawyer. A will is also a good way to pass a home on after death, to be sure an heir gets a stepped-up cost basis and receives a break on capital gains tax. But a will has no effect on deeds if their titles are vested in certain ways.

What is community property?

Community property: In community property states, spouses own the home 50-50. Each may leave their part in a will. Some states offer community property with survivorship rights, which avoids probate. A title may be in people’s names, or the name of a business.

Can a spouse leave a will?

Tenants by entirety: In states that allow this type of vesting, spouses may be able to keep creditors from placing liens on property for one owner’s debt without the co-owner’s consent.

What is a quitclaim deed?

Quitclaim deeds are cost-effective tools for transferring interests in real property when there is no need for researched guarantees. Always consider potential tax implications before you decide to transfer real estate, including tax on the deed transfer itself.