what kind of lawyer handles tenant laws

Full Answer

When does a tenant need a lawyer?

• personal injury or property damage due to the landlord’s negligence or failure to maintain the property
• housing discrimination, or
• invasion of privacy.

What can a tenant lawyer do for You?

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. How Do You Know If You Need a Tenant Lawyer? Moving into a new place and unsure of your lease agreement Landlord is ignoring your grievances Landlord is violating your privacy

Do you need a lawyer to evict a tenant?

There are several complications that can affect your ability to evict a tenant. For example, the tenant might hire their own lawyer. This type of tenant will be more likely to successfully slow down or stop the eviction process and you may need a lawyer to help you.

What does a tenant attorney do?

• The landlord and tenant should come to their own agreement. ...
• If the tenant simply forgot to pay rent or is now in a situation where they are able to pay it, then the tenant should alert the landlord and make ...
• If they cannot do it on their own, then the parties should schedule a mediation session before going to court on the matter.

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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 your 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...

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.

How do I sue my landlord for unsafe living conditions in Texas?

How To Sue My Landlord For Unsafe Living ConditionsReport to your local housing authority.Sue them in small claims court.Move out abruptly.Deduct the number of repairs from the next rent.

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.

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...

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 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 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 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.

Which type of lawyer will you need for eviction cases?

If you are a landlord or a tenant, then you will need to work with only those real estate lawyers that have specialization in eviction cases. The attorney that you hire for dealing with the eviction process will provide the highest caliber legal representation in each and every type of case related to tenants and landowners.

For tenants

If you are a tenant and if your landlord has served you with a notice of termination then you have the right to fight for it. If you work with a lawyer, your chances of winning will increase by many folds.

For landlords

In most states, an eviction lawsuit for a lawyer will always take less time in comparison to any other type of regular civil case. But you should know that for expedited treatment, a landlord will need to follow detailed rules like notifying the tenant of the lawsuit and filing accurate papers in the court.

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 ...

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.

Do tenant attorneys charge by the hour?

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.

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.

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.

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.

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.

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.

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, ...

Can a landlord reject a tenant?

Yes, the landlord reserves the right to reject any tenants. It is important for the landlord, however, not to treat the person as a tenant. This means that if the landlord accepts any type of payment, checks, cash or even services, the person may automatically become a tenant in the eyes of the law.

Can a co-tenant leave before the term of the tenancy is over?

A co-tenant who decides to leave before the term of the tenancy is over is still liable. Before leaving, the co-tenant should obtain the consent of the landlord because if he does not the landlord may evict everyone else.

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 to do if tenant forgot to pay rent?

If the tenant simply forgot to pay rent or is now in a situation where they are able to pay it, then the tenant should alert the landlord and make the payments.

What happens if a landlord removes a tenant's personal property?

If the landlord removes a tenant’s personal property before the eviction order is granted, then the tenant will have grounds to sue for illegal possession of property and any associated damages done to the property that were caused by the landlord’s illegal actions.

How long do you have to leave a house if you are not a tenant?

If a court rules in favor of the landlord, then the tenant will have a certain amount of days to leave the premises. If they have not left after the time period has expired, then the landlord may contact local law enforcement to have the tenant arrested and removed.

When should landlord and tenant come to their own agreement?

This should happen either before the landlord sends a formal eviction notice or the tenant should reach out to the landlord immediately after they receive it. This is especially true if the reason for the eviction is based on missing rent payments.

Can a landlord throw away a tenant's belongings?

A landlord is not allowed to throw away a tenant’s belongings before they have received an official court ruling. When a landlord partakes in this conduct, such as removing the tenant’s personal property or changing the locks to their apartment, it is known as a “self-help” eviction.

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 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.

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 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 does an attorney do for a HOA?

Your attorney can also keep you informed of changes in the laws and give you advice on how to handle matters as they come up. HOA's have responsibilities to maintain the common areas of your community and make repairs, but they don't have the rights to infringe on your freedom and personal life.

What to do if you are fined by your homeowners association?

If you have been cited, fined, want to sue your homeowners' association or your homeowners' association has filed a lawsuit against you, then you should contact a HOA attorney. While it is unpleasant to be in a dispute with your association, it is quite common. The attorney is knowledgeable about HOA dispute matters and state laws.

How to resolve a dispute with a HOA?

Hire an Attorney. If you are involved in a dispute with your HOA, you should hire an HOA attorney to assist you. HOA matters can become heated and emotional, so it is best to have an experienced attorney handle the negotiations and resolve the dispute for you.

Can you sue a homeowner association without giving notice?

Although some homeowners associations have been known to file a lawsuit without giving notice to the homeowner accused of violations.