what kind of lawyer do i need to handle apartment lease issue

by Leda Shields 4 min read

A landlord–tenant attorney is one who specializes in the legal issues surrounding landlord and tenant rights. This type of attorney is an incredibly valuable resource for you when you need it most. Legal expertise can guide even the most prepared landlord through the challenges of managing their rental property.Jul 6, 2021

What is the best way to lease an appartment?

When Looking for an Apartment

  • Be prepared to rent the apartment on the spot. ...
  • Bring the following: letter (s) from previous landlord; pay stubs; bank statements; and a check book.
  • Be prepared to put down a deposit of one month's rent.
  • Check the neighborhood around the building. ...
  • Check the space, layout, and quality of the apartment. ...
  • Ask any other questions that are on your mind.

How much does a landlord-tenant lawyer cost?

An attorney's fee will depend on the complexity of your case, where you live, and the attorney's billing practices. Some landlord-tenant lawyers charge by the hour, typically $200 to $500. Other lawyers charge a flat fee for a specific service. For example, the attorney might charge a flat $500 to start an eviction proceeding.

How do I write an apartment lease?

Some questions worth asking are:

  • How many clients do you currently work with?
  • How many apartment units have you helped clients buy?
  • Do you have references?
  • What is your availability to show apartments?
  • How quickly do you typically respond to emails and phone calls?
  • What are your fees?

What is the legal age to lease an apartment?

The vast majority of teenagers are not going to succeed in trying to lease an apartment. Most laws across the U.S. set the minimum age for being considered an adult at 18 years old. There is, however, an exception to that rule – emancipation.

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.

Who is responsible to solve the problems in the apartment?

Landlords are generally responsible for repairing problems that affect your ability to live in or enjoy your apartment/rental.

What damage is a tenant liable for?

Ultimately, the tenant is responsible for any damage that they cause to the property they are renting. The damage should be reported as soon as possible, so that it can be repaired or at least assessed by either the landlord or a professional (tradesman etc.)

Are tenants responsible for water leaks?

Water Damage caused by Leaking Pipes. Any causes created by deterioration of the structural design of pipes or by a faulty water system is covered in the Landlords and Tenants Act, and therefore responsibility for any damage ensued will lie with you, the Landlord.

Should I Have a Lawyer Review My Apartment Lease?

Getting a residential or commercial lease might be common now., but there are still a lot of aspects we might not know about them. If your lease for any rental property, like an apartment, has enough value, a legal review is in order.

1. Making Sure of an Accurate Lease

A lease for commercial real estate could be a large document with loads of information. A residential lease will probably be much simpler, but it might still have a lot of problematic ideas hidden inside all that jargon.

2. Catching Out Bias

There are certain times or chances when a landlord can increase your rent. Your lease agreement should not be making you pay rent at higher rates than is reasonable.

3. Getting the Best Terms Possible

Lawyers are known for their negotiating skills. So, your attorney should be able to get some better terms for your lease agreement.

4. Double-Checking Every Term

Even if you’ve been to law school yourself, the terms and clauses for real estate might not be perfectly clear.

5. Determining the Length of a Lease

A residential agreement is a legal contract between the landlord and tenant. Lease agreements like these are applicable when you rent a place for living purposes.

6. Understanding Landlord Duties

While most lease agreements do benefit the landlord more, a real estate attorney knows the benefits you are entitled to.

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, ...

How to find a lawyer for a landlord?

There are several resources you can consider to find a landlord tenant lawyer. These include: 1 Bar Associations: Your state or county’s bar association may provide referrals for lawyers. For example, the New York City Bar provides legal services for a number of issues, including landlord tenant conflicts. 2 Referrals: Ask around. Other tenants in your building may have experience with landlord-tenant lawyers. 3 Tenant Unions: Contact your local tenants’ union. They may be able to provide you with a list of lawyers that work with tenants in your area. 4 Online: There are several online sites where you can search for legal counsel. These include FindLaw.com, Lawyers.com, and AVVO.com. You can usually search by zip code and the topic you are seeking counsel for. Take any online reviews with a grain of salt, however, because they can easily be made-up. 5 Courthouse: Lawyers go to court. You can physically go to your local landlord-tenant court to find lawyers who practice in your area.

What are the safety issues at a rental property?

Safety or Habitability Issues at the Rental Property: There are serious health or safety violations at the rental property, and your landlord has refused to fix them. Wrongful Eviction: Your landlord is making false claims to try and force you out of the rental property.

What is landlord harassment?

Landlord Harassment: The landlord has been harassing you or members of your household. Injury or Health Issue: You have been injured at the rental property or a safety issue, such as mold, has affected your health.

Why do landlords refuse to return security deposit?

There are a number of reasons you may want to take your landlord to court. These include: Landlord Is Wrongfully Withholding Your Security Deposit : Your landlord refuses to return your security deposit, and you believe you have the right to this deposit. Safety or Habitability Issues at the Rental Property: There are serious health ...

How often do lawyers give free consultations?

In certain areas, lawyers will offer free consultations once a week or once a month in a community center or other public area. ...

Does New York City have free lawyers?

New York City also passed a law which provides free lawyers to tenants in the city who are facing eviction. The one catch is that to qualify for the free lawyer, the tenant must certain income qualifications.

What can a lawyer do for you?

Here are some of the important things a good lawyer can do for you: Spot subtle (or even not so subtle) variations on a lease clause you are familiar with, and explain its meaning to you. Warn you of hidden problems (or windfalls) in the lease that aren't-obvious to the unprofessional eye.

What is a good place to get referrals to specialists?

Trade associations are often a good place to get referrals to specialists. Other tenants in your new building. They may have used a lawyer in their dealings with your landlord and have come away feeling they were in good hands. You'll get the benefit of the lawyer's experience with this building and this landlord.

Do lawyers specialize in real estate?

Most lawyers who don't specialize in real estate have only limited experience in landlord-tenant legal issues—and even those with some experience may know only about residential tenancies. So if you just pick a name out of the phone book or go to the lawyer who prepared your will, you may wind up with someone who's less than ideal for handling commercial lease issues.

Is it worth hiring a lawyer for a lease?

While it's true that hiring a lawyer will add expense and perhaps time to your lease negotiations, in the long run it can be worth it.

What happens if your landlord doesn't fulfill your lease?

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 landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to fix a broken window until a burglary occurs.

What is tenant rights?

The more you know the law and your legal rights, the better. The Tenant Rights section of the U.S. Department of Housing and Urban Development (HUD) website provides a wide variety of state and local resources, including links to fair housing groups, rent control boards, tenant unions, and legal aid organizations for each state ;

What to do if landlord refuses to honor promise?

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.

What to do if 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 harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What to do if landlord serves termination notice?

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 local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.

What happens if a landlord doesn't maintain the property?

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.

Why do landlords have attorneys fees?

Many landlords include an "attorneys' fees" clause in their lease or rental agreement to prevent frivolous lawsuits. If your lease or rental agreement includes this clause, you might be entitled to get reimbursed for your reasonable attorneys' fees and court costs if you win a lawsuit against your landlord.

What happens if a roommate doesn't sign a lease?

If the roommate is not named on the lease and has not signed the lease, the roommate usually pays his portion of the rent to the named tenant, who then pays the landlord . This tenant is responsible for the full amount of rent. Roommates become co-tenants when they simultaneously sign a lease. They share the same legal rights and responsibilities.

How to establish tenancy with a roommate?

In order to establish tenancy, most states require that the new roommate have the consent of the landlord and that the roommate contribute to or pay rent. To gain the landlord’s consent, consider the occupancy limits of the apartment as well as any behavioral requirements the landlord may have.

What is informal arrangement?

Informal arrangements are made between roommates all the time, about rent, bedrooms, or any other issues. Disputes between roommates are bound to arise. To protect oneself, it may be best to prepare for any arguments that are likely to develop. The first step is to choose your roommates carefully.

Can a joint tenant be evicted?

Joint tenants cannot be evicted by their fellow tenants because their contract is with the landlord. Subtenant eviction will differ by state. Some states treat the tenant as a landlord in relation to the subtenant. Other states will not permit tenants to evict their subtenants without the landlord.

Can a landlord evict a roommate?

Usually, a landlord will not evict the other roommates unless they cannot show that they will be able to pay the rent without the departing roommate. If your roommate is departing, try to create an agreement by which you set out the amount of rent that he will pay.

Who has the power to evict a roommate?

The landlord has the power to evict any of the roommates, regardless of their status. The landlord has the power to evict all the roommates but may reverse the evictions of certain tenants under certain conditions which vary by state.

Does splitting rent affect landlord?

The splitting up of rent among co-tenants does not affect the landlord. The landlord must still be paid no matter who pays him. The amount of rent each tenant pays is up to the roommates. Each is still independently liable to the landlord for the full amount of the rent. If one roommate does not pay the rent, for whatever reason, ...