what kind of lawyer do i need for tenant rights

by Cody Gibson 5 min read

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 a landlord Cannot do Florida?

According to the Fair Housing Act, Florida landlords cannot ask potential renters questions about medical history, age, any disability, familial status, ancestry, national origin, marital status, sexual orientation, religion, color or race. Tenants cannot be discriminated against due to any of these reasons.

Can I sue my landlord in Florida?

Under Florida law, the tenant must receive notice in advance that the landlord wishes to go into their leased premises and the only exception here is if there is an emergency situation (e.g., fire). You can sue a landlord who fails to respect your privacy and “quiet enjoyment” of your home.

How do I sue my landlord in Texas?

If your claim is for $10,000 or less against your Landlord then you file your lawsuit in Justice Court in the county where you live in the rented property. If your claim is more than $10,000 then you file in a County or District Court.

What are my rights as a renter in Florida?

As a tenant, you must pay the rent and security deposit and follow all other legal requirements in the lease agreement. Tenants must also: Keep their part of the premises clean and sanitary. Remove all garbage in a sanitary manner.

What can a tenant sue a landlord for in Florida?

Typical lawsuits are brought by tenants against landlords who unfairly withheld deposit money for cleaning, repairs, or back rent, or failed to return the deposit at all.

Can I sue my landlord for emotional distress in Florida?

To sue someone for emotional pain and suffering, you have to be able to show that they were negligent or reckless in some way and that their actions led to your emotional distress. Florida law recognizes emotional distress when someone experiences mental suffering due to another party's negligence.

Can I sue my landlord for emotional distress?

Can I sue my landlord for pain and suffering? As part of a personal injury claim, you could be compensated for any pain or suffering you were caused to experience as a result of your landlord's failings. This includes physical and psychiatric harm, as well as financial losses.

How do you prove landlord negligence?

One way to prove landlord negligence is by proving that:A law related to safety was broken by the landlord.The purpose of the said law was for the welfare and safety of the tenant.The injuries sustained were the kind the law intended to prevent.More items...

Can a landlord evict you without a court order?

No, your landlord usually cannot evict you without a court order. As long as you haven't abandoned your home, your landlord cannot change the locks, install a deadbolt, take off doors, or do anything to stop you from entering your home.

Can you be evicted in Texas right now?

CDC's Order Halting Evictions On August 3, 2021, the Centers for Disease Control and Prevention (CDC) issued an Order preventing many residential tenants from being evicted for nonpayment of rent. Note This Order was struck down by the Supreme Court [PDF] on August 26, 2021. Read the Order itself along with FAQs.

Can a landlord evict you for no reason in Texas?

Yes, a landlord can evict someone for no reason in Texas if there was no lease, or the written or oral lease has expired. The landlord is not required to give an additional reason once a lease expires.

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...

How Do I Choose A Lawyer For Landlord/Tenant Issues?

Consider the following when deciding to handle your landlord/tenant case:

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 tangential issues for landlords?

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.

What is a tenant lawyer?

On the other hand, a landlord / tenant lawyer also helps landlords who have tenants breaking rules, such as moving out three months early or refusing to pay rent. Tenant eviction laws are very specific, with different rules in each city.

What can a landlord/tenant lawyer do?

A landlord/tenant lawyer can help you win an eviction lawsuit, steer clear of liability, and collect or return a security deposit. Whether you are a landlord drawing up a lease or a renter trying to get back your security deposit, an attorney can assist in cases of all types, especially those involving illegal discrimination, property damage, ...

Why hire a landlord attorney?

Because the apartment you rent is your own personal space, the law places many limits on landlords' activities. For example, if a landlord tries to make you move without giving you enough notice, ...

What Does a Tenant Lawyer Do?

A tenant lawyer will represent you in any disputes you have with your landlord. Your lawyer can also review your lease with you to make sure you understand and agree with it.

What does a tenant attorney do?

A tenant attorney will help resolve any dispute between you and your landlord by interpreting the lease agreement and either representing you in a lawsuit or advising you on your next steps. If your tenant attorney is only reviewing your lease, you can expect to feel comfortable that the agreement between you and your landlord is legally binding ...

How Much Does a Tenant Lawyer Cost?

Many tenant attorneys charge by the hour, but some also use flat rate services for simple matters such as lease reviews. Rates will vary depending on where you live and what you need your attorney for. Make sure to negotiate a rate before you decide to hire your attorney.

Do landlords and tenants have disagreements?

What you'll learn: Tenant and landlord disagreements are common, but fortunately tenant lawyers exist to guide you through any disputes that may arise. Before moving forward with a lawyer, you may want to figure out what outcome you can expect.

Is Rocket Lawyer a lawyer?

This article contains general legal information and does not contain legal advice. 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.

Can a landlord sue you for a security deposit?

Your landlord is suing you. Some security deposit disputes can be handled on your own in small claims court, but if you're confused about the process, you may want to consult with a tenant attorney to help guide you through the steps.

What can a landlord tenant attorney do?

A landlord-tenant attorney can give you an honest opinion of your case, offer you clear options for your next steps, and protect your rights as you take action.

What to do if you are fighting your landlord?

In most cases, you need to consider getting professional legal help if you fight against your residential landlord. A lawyer will be able to explain the local laws and how they apply to your situation. These laws are determined by the Department of Housing and Urban Development (HUD) and can be confusing to understand.

How to file a lawsuit against a landlord?

Finally, your landlord-tenant law attorney will take legal action for you. If a lawsuit becomes necessary, they will: 1 Review documents 2 Research the law 3 Interview witnesses 4 Collect records 5 Talk with expert consultants 6 Plan a legal strategy 7 Negotiate with landlords, insurers, property managers, and opposing counsel

What is the goal of an attorney?

Negotiate with landlords, insurers, property managers, and opposing counsel. An attorney's goal is to strengthen your position and obtain the best results for you. No matter how you decide to take action, they make sure it is done correctly, and you are protected.

Do attorneys give free legal advice?

Some attorneys offer free legal advice during consultations. Some cities also provide free legal assistance for qualifying people.

Do landlords have rights?

While landlords may often hold the upper hand, renters are afforded certain rights when it comes to rental property. If you have questions about your rights as a tenant, you deserve answers. When you feel that your rights have been violated, you may want to get in touch with an experienced landlord-tenant attorney near you.

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.

What Type Of Lawyer Handles Landlord–Tenant Issues?

When you encounter problems with a tenant, it may seem logical to you to just handle them based on your own experience and expertise. You may in fact know what’s necessary to resolve most issues, but there will be situations where you aren’t sure of the best legal course of action.

What is a landlord tenant attorney?

A landlord tenant attorney is one who specializes in the legal issues surrounding landlord and tenant rights and is a valuable resource for you when you need it most. Legal expertise can guide even the most prepared landlord through the challenges of managing your rental property.

What to do if landlord tenant attorney is not doing the job you expect?

If your landlord tenant attorney is not doing the kind of job you expect, don’t hesitate to seek out another one that may be a better fit. Whether the attorney is too hard to get ahold of or your personalities just don’t mesh, don’t get stuck with someone who is not meeting your needs one way or another.

What is RentPrep for landlords?

RentPrep offers great resources for landlords who want to write their own leases. Check out our landlord starter form kit today to get the base lease agreement and lease addendum examples as well as many other form examples that will be useful for landlords like you.

Why do landlords avoid hiring an attorney?

Many landlords avoid hiring an attorney because they believe it will be too expensive. However, the typical cost of getting help from a lawyer for a few hours to review documentation or for an entire case is not as much as many believe it to be.

What is the best way to handle a rental business?

In those cases, working with an experienced rental attorney familiar with local and state laws is the best way to handle the situation. An experienced attorney can help you to make the right legal choices and provide the support needed to keep moving forward with your rental business.

Why do landlords prefer membership?

Many landlords prefer the membership model because they get state-specific forms and unlimited answers to their legal questions. The fee is tax deductible as well.

What to do if tenant is evicted?

If the tenant has good reason to defend against the eviction notice, then they should hire a qualified attorney to argue on their behalf in court. This can help ensure a more successful outcome due to the legal procedures involved and certain evidence that the tenant may not know to gather themselves.

Why would a landlord want to evict a tenant?

There are many different reasons for why the landlord may want to evict a tenant from a rental property, including: If the tenant has breached the terms of their lease or rental agreement (e.g., smoking in a non-smoking building or keeping pets despite no-pet conditions in the lease); and.

What is the Process for Eviction?

As previously mentioned, the eviction process is governed primarily by state laws. Thus, every state will have their own separate requirements and procedures for eviction actions.

How Can I Stop an Eviction?

If it can be helped, no one genuinely wants to go through the eviction process . It is a stressful and upsetting situation that can result in someone losing their home. Thus, the following is a list of some ways that the parties may be able to stop an eviction from occurring:

Can I Find a Lawyer to Fight My Eviction for Free?

Evictions are one of the only areas of law where it is rare to find an attorney who will take on an eviction case for free. There are many moving parts involved in the eviction process and even more complex laws and research that the attorney will have to focus on, meaning it can take up a lot of their time and costs to complete one eviction case.

Do I Need a Lawyer for an Eviction?

Thus, in order to minimize the amount of pressure and challenges that an eviction action can cause, you may want to contact a local real estate lawyer for further assistance .

How does LegalMatch work?

Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.

Where Can I Find the Right Lawyer?

LegalMatch.com is a fast, free, and confidential online platform to help you find the right lawyer for your case. LegalMatch.com provides attorney-client matching services based on the type of case, type of lawyer needed, and your location.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

What Do Criminal Lawyers Do?

Criminal cases usually involve a prosecutor, a defendant and a defense attorney. A criminal lawyer is also sometimes called a defense attorney. These lawyers can be hired by the defendant or appointed by the court to represent the defendant.

What Do Probate and Estate Planning Lawyers Do?

Probating a will includes distributing property after a decedent, or individual who passed away, under court supervision. Guardianship is when an adult is appointed by the court to care for a minor child or a minor child’s property, such as a trust fund. Emancipation occurs when a minor child is granted certain rights of an adult, such as signing contracts. Conservatorship occurs when an adult is appointed to care for another adult who cannot care for themselves.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

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How A Landlord-Tenant Attorney Can Help

  • A landlord-tenant attorney can give you an honest opinion of your case, offer you clear options for your next steps, and protect your rights as you take action.
See more on findlaw.com

Related Resources For Tenant's Rights Issues

  • You can continue your research and find self-help resources with FindLaw by clicking on the links below for more information: 1. Tenant Lead Law: Rental Property Lead Disclosures FAQ 2. Terminating a Lease or Rental Agreement: FAQs 3. Security Deposit Return Timelines
See more on findlaw.com

Get Legal Help with A Tenants' Rights Issue

  • While landlords may often hold the upper hand, renters are afforded certain rights when it comes to rental property. If you have questions about your rights as a tenant, you deserve answers. When you feel that your rights have been violated, you may want to get in touch with an experienced landlord-tenant attorneynear you. Some attorneys offer free...
See more on findlaw.com