what kind of lawyer draws up a rental agreement

Full Answer

How can an attorney help me with a rental agreement?

Also, if any disputes arise over a rental agreement, your attorney can help you recover damages in a court of law. Ken joined LegalMatch in January 2002.

Do I need an attorney to draft a lease?

You should hire an attorney to draft a lease agreement for you. The ones you find online or in stores usually don't have the strongest language with the right kind of clauses to protect the landlord. The language can be very plain and still have the effect needed.

How can a landlord tenant lawyer help my business?

A landlord tenant lawyer can be of great assistance and can help you to draft and review a rental agreement that suits your business needs. Also, if any disputes arise over a rental agreement, your attorney can help you recover damages in a court of law. Ken joined LegalMatch in January 2002.

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

As a practical matter, if you have an attorneys' fees clause in your lease or rental agreement, you will have an easier time finding a lawyer to represent you. Since the landlord pays the lawyer's bill if you win, a lawyer needn't worry as much about getting paid by you.

What are 4 things you should do before signing a rental contract?

5 Essential Things You Must Do Before Signing a LeaseInspect the Property and Record Any Current Damages. ... Know What's Included in the Rent. ... Can You Make Adjustments and Customizations? ... Clearly Understand the Terms Within the Agreement and Anticipate Problems. ... Communicate with Your Landlord About Your Expectations.

What are three things you would look for in a rental agreement?

Things To Look For In Rental AgreementStandard and Reasonable Terms. One of the most important things to look for in a rental agreement is possibly the simplest: Standard and reasonable lease terms. ... Early Termination Policy. ... Subletting. ... Security Deposit. ... Late Payments and Fees. ... Move-out Notice Procedures.

What are the basic components of a lease agreement?

Main Parts of a Lease AgreementNames of tenants. Include the first and last name of all tenants who will be residing in the premises. ... Lease Term. What is the length of time that the lease is valid? ... Payment of Rent. ... Deposits. ... Fees, Fines, Charges. ... Responsibilities. ... Access to Premises. ... Use.More items...

How do I write a rental agreement?

Common contents of a rental agreement include:Names of the landlord and tenant and/or their agents.Description of the property.Amount of rent and due dates for payment, grace period, late charges.Mode of rent payment.Methods to terminate the agreement prior to the expiration date and charges if any.More items...•

What are 5 things that should be included in a lease?

These are eight clauses that a landlord should include in a lease agreement in California:Security Deposits. ... Specific Payment Requirements. ... Late Rent Fees. ... Rent Increases. ... Notice of Entry. ... Rental Agreement Disclosures. ... Gas and Electricity Disclosure. ... Recreational Marijuana and Rentals.

Can you write your own tenancy agreement?

You can make your own tenancy agreement but you need to make sure that it is up-to-date with the law and in particular does not contain illegal clauses. The Tenant Fees Act 2019 made certain tenancy payments illegal such as cleaning fees.

Which utilities are tenants most responsible for?

Utilities that you will find in your apartment include electricity, gas, internet/cable, water, sewage and garbage. In most apartments, you will be responsible for paying electricity, gas, and internet/cable bills. Landlords will typically cover the water, sewage and garbage.

What makes a lease valid?

Among the states that require written leases, valid ones must include a description of the property. The property's physical address is considered a valid description. Leases must include starting and ending dates. Additionally, a lease must include the amount of rent that is due.

What is a lease agreement lawyer?

A lease agreement lawyer is a type of real estate lawyer that specializes in leases. These lawyers assist in drafting, analyzing, and advising their clients about lease agreements.

How much does a lease lawyer cost?

Typically, lawyers for lease agreements cost anywhere from $150 to $350 an hour or more, depending on expertise and experience. Remember, hiring a lease agreement lawyer ensures that each portion of your contract is thoroughly reviewed.

Why do landlords lease?

Since leases are a big part of life, this offers unparalleled peace of mind and can foster positive relationships between landlords and tenants for a lifetime .

What fees should be included in a lease agreement?

Other fees such as late fees and pets’ fees should also be included in this section. Lease agreement lawyers can ensure that the fees are reasonable and that they are set aside for the right purposes.

What are the different types of lease agreements?

There are three main types of lease agreements: residential; commercial; and equipment. Keep reading to find out more about each one.

What is an addendum to a lease?

Addendums are additional terms that are added to the end of the contract that once signed, become legally binding to the agreement.

What can an employment lawyer do for you?

Employment lawyers can help make sure that if you are responsible for maintenance, a fair monthly rent amount is negotiated as well. Don’t risk being taken advantage of by not having a professional in your corner.

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 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, ...

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.

Rental Agreements

Securing a clean, safe, and pleasant place to live is central to your qualify of life.

Have a Lawyer Review the Rental Agreement Before You Sign

Before you sign a lease or rental agreement, you may want to have a lawyer review it to ensure all the standard clauses and mandatory disclosures are present and properly worded so as not to unlawfully abridge your rights as a tenant. Security deposits frequently cause disputes between landlords and tenants.

How an Attorney Can Help if You Need to Terminate your Rental Agreement

As a tenant, should your circumstances change and you want to terminate a lease before the date stipulated in the lease contract, a lawyer can negotiate with the landlord for an early exit and assist in avoiding pending rent on the balance of the lease term including potentially preventing the landlord from filing a lawsuit to collect the pending rent. These are just a few of the situations where the advice of an attorney would be helpful.

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.

Heather Morcroft

I agree with the other attorneys and would say that although there is no legal requirement that an attorney write a lease for you, the practical answer is YES!!!!!

Carol Lynne Zimmerly

You should hire an attorney to draft a lease agreement for you. The ones you find online or in stores usually don't have the strongest language with the right kind of clauses to protect the landlord.

Brandy Ann Peeples

First of all, you need to make sure you're complying with all local zoning laws. Some jurisdictions require rental licenses; other zoning ordinances prohibit renting in certain properties. Secondly, while a lease doesn't have to be written in "legalese" there are...

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 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.

How many discrimination complaints does HUD receive?

HUD and state and local agencies in FHAP receive over 10,000 discrimination complaints a year. If HUD investigates your complaint and determines there's reasonable cause to believe your landlord has been discriminating, you'll get the benefit of having a HUD lawyer representing you in front of an administrative law judge at no cost. The judge can award you compensation and attorneys' fees, impose penalties against your landlord, and order other relief.

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 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.

How to evict a landlord?

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 hands—for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions—consider hiring a lawyer. These types of "self-help" remedies are illegal. No matter how strong a landlord's case may be for ending a tenancy, a landlord doesn't have the right to take, or even threaten, any self-help actions against you.

What is flat fee agreement?

In a flat fee agreement, you pay the same amount regardless of how much time the lawyer spends on the particular job. When an attorney is highly recommended by others and the flat fee is moderate, this can be a great arrangement for you.

How much does a lawyer charge per hour?

Paying your lawyer by the hour is the most common method. In most parts of the United States, you can get competent services for your small business for $150 to $250 an hour. Most lawyers bill in six-, ten-, or 15-minute increments. Understand that these are the smallest "chunks" of time that the lawyer will bill for, ...

What to do when you have runaway hourly fees?

If you are concerned about runaway hourly costs, you can ask the lawyer to agree to a "cap," or an upper billing amount. This means that when the cap has been reached (or is near), the billing will stop (and the lawyer will stop working) until you authorize more work.

How to secure a flat fee?

To secure a flat fee or cap, dangle the prospect of more work ahead. Explain to the lawyer that yours is a small business with a limited budget. Especially if you're just starting out, mention that you'll have other legal needs in the future if your business succeeds.

Can a lawyer work for a fixed fee?

But if the assignment is open-ended—for example, it might involve extensive negotiations or a lot of redrafting—a lawyer won't agree to work for a fixed amount. Merely reviewing a lease is one thing—negotiating and drafting is quite another.

Can a lawyer delegate work to a secretary?

If your lawyer will be delegating some work to a less experienced associate, paralegal, or secretary, the delegated work should be billed at a lower hourly rate. Your fee arrangement should specify the rates for associates and paralegals if they will be in the picture.

Do lawyers have to be free from government regulation?

Unlike physicians, for example, who have insurance companies and the government monitoring virtually every move, lawyers are free from heavy-handed regulation. As a result, many choose to avoid bureaucratic paperwork, which they regard as a time-consuming nuisance.