what lawyer can help with stuck in apartment leasing contract

by Dr. Camila Farrell 3 min read

If you have any questions regarding your right to terminate a lease, you should consult with a skilled and knowledgeable landlord tenant lawyer in your area. An experienced and local real estate attorney can look over your lease and explain to you what your legal options are.

Full Answer

How can a real estate attorney help me with a lease?

When should you hire a lawyer for apartment lease issues?

How can a landlord/tenant lawyer help me?

What can I do if my landlord won't fix my apartment?

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 can an attorney do for a landlord?

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, or bankruptcy.

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.

Why is the apartment you rent your own space?

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, or ignores a rat infestation in your apartment, a landlord / tenant lawyer knows what options you have as a tenant.

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.

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 to do if landlord evicts you?

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.

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.

Can a landlord be liable for an accident?

However, if an accident is the result of the landlord's carelessness, your landlord might be liable for any injuries. For example, you might break your leg after slipping on an icy patch on the front steps of your building.

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.

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 to do when hammering out a lease?

Warn you of hidden problems (or windfalls) in the lease that aren't-obvious to the unprofessional eye. Act as a valuable partner during the sometimes hairy process of hammering out a lease. Suggest specific, legally appropriate wording to replace what the landlord has used.

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.

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.

Who is responsible for paying rent?

The tenants are responsible for paying rent until the landlord finds replacement tenants. If the landlord isn’t able to find replacement tenants who pay the same rent as the original tenants, the original tenants are responsible for making up the difference in rent until the lease term ends.

What happens if you don't pay rent?

When tenants don’t pay the rent, landlords serve them with a notice giving them a certain amount of time (usually three to five days) to either pay the rent or leave the rental. Cure or quit notices. When tenants break a condition of the lease other than paying rent (such as having a pet despite a no-pets clause), ...

How long does a rental agreement last?

How Rental Agreements End. Rental agreements create tenancies for a short period of time—usually one month (a month-to-month agreement). Landlords and tenants should review their state’s law on terminating month-to-month rental agreements —many states require a certain amount of notice (usually 30 days for month-to-month agreements) ...

How long does a lease last?

Most residential leases have a one-year term. Leases end automatically at the end of their term, and, if the landlord and tenants don’t sign a new lease or rental agreement, the tenants must move out (or, in rare instances, stay on as holdover tenants ).

How long does a residential lease last?

Most residential leases have a one-year term. Leases end automatically at the end of their term, and, if the landlord and tenants don’t sign a new lease or rental agreement, the tenants must move out (or, in rare instances, stay on as holdover tenants ). Unless a rental is subject to rent control or another form of tenant protection law, ...

When do leases end?

Leases end automatically at the end of their term , and, if the landlord and tenants don’t sign a new lease or rental agreement, the tenants must move out (or, in rare instances, stay on as holdover tenants ).

Can you terminate a lease early?

Terminating a lease early isn't easy for either landlords or tenants. During the term of a lease, both landlords and tenants are bound to what they agreed upon in the lease, including the tenants’ paying rent and the landlords’ providing habitable premises. Terminating a lease early isn't easy for either landlords or tenants .

Do you have to pay damages if you don't tell your landlord?

A tenant may also need to pay damages if they do not tell their landlord far enough in advance that they intend to move out at the end of the lease. The landlord will also have a duty to inform the tenant about any fees or increases in rent within a certain time frame.

What is a duty not to breach a lease?

A duty not to breach the lease; A duty to keep all units in habitable condition; A duty to respect the privacy of a tenant (with limited exceptions); A duty to return the security deposit within a specified period after a lease expires; and.

What are the requirements for a residential lease?

There are certain items that every residential lease must contain, such as the name of the parties, the length of the tenancy, the amount of rent that is due each month, and so forth. However, there are some important provisions that the parties should include like the following: 1 Rules about having pets; 2 Restrictions on illegal activities; 3 Whether the landlord or the tenant will be responsible for repairs and maintenance; 4 Whether a tenant needs to obtain a renters insurance policy; 5 Whether the tenant is allowed to operate a business on the property; 6 Rules concerning smoking policies and other potentially disruptive activities like noise; 7 Clear terms regarding when a landlord is permitted to enter the premises; 8 Instructions concerning what a tenant must do to sublet their apartment and whether or not the landlord even permits sublets; and/or 9 Notice requirements and if there is an option to renew the lease.

What is residential lease?

A residential lease is a specific type of legal agreement that is entered into when a tenant rents property from a landlord to use for residential purposes (i.e., living). Similar to other lease agreements, a residential lease will contain the terms and conditions of the lease, such as the date that the lease expires and how often ...

How long does a commercial lease last?

Oftentimes, the contracting parties will enter into a commercial lease agreement for as long as several years. This is in direct contrast to the standards of a residential lease, which are normally for one year or less.

Why do commercial leases run longer than residential leases?

The reason that commercial leases run so much longer than residential leases is so that a business does not have to keep interrupting its daily operations to move to a new commercial property every year.

Can a residential lease include restrictions?

As with any contract, the parties can include any terms that they want, so long as they both agree to them. A residential lease may also include the restrictions that conform with the local housing code. Therefore, the limitations and possibilities included in a residential lease will extend as far as the parties want.

How to get out of a lease without penalty?

One of the ways to get out of a lease without penalty is to find some occurrence in which your landlord was in breach of the contract and use it as a an escape route. In many cases, this is going to be absolutely impossible. If your landlord has always fixed problems promptly and you have no documented complaints even your lawyer may tell you there ...

What happens if you win a lease?

If they win, you will need to pay much more than the remainder of the rent- think lawyers’ fees and interest.

Can you vacate a house without penalty?

Obviously, if there is something seriously wrong with the property and the landlord has not fixed it then you have the legal right to vacate without penalty.

How long do you have to give notice to terminate a lease?

Your lease may allow you to terminate with a 60-day notice for job relocation, major life change, or if you need to become the caregiver of a loved one. You might also discover the lease termination fee specified is much lower than you’ve been dreading, which could simplify things significantly.

Can a landlord take legal action against you for breaking a lease?

In some especially serious cases, a landlord may take legal action against you for breaking your lease. Some steps tips to consider when terminating a lease include, but may not be limited to: Read your lease thoroughly in order to determine their protocol for terminating the lease or what penalties you may face;

What defenses can a tenant use to delay a lease termination?

There are a few defenses that a tenant may pursue in order to delay or halt a lease termination: Landlord Violation of the Lease: The tenant may be able to claim that the landlord broke the terms of the contract first. However, the tenant would need sufficient evidence to prove this defense;

Can a landlord terminate a lease?

The ways in which a landlord may terminate a lease agreement with a tenant will vary from city to city. Generally speaking, a landlord can terminate the lease of a tenant in one of the following ways: Periodic tenancy, such as a month to month lease, can be terminated by either the landlord or tenant for almost any reason.

Can a tenant terminate a lease before the landlord does?

This means that tenants may wish to terminate a lease before the landlord does. A tenant may enforce a termination of lease agreement under the following limited circumstances: Periodic Tenancy: An example of periodic tenancy would be a month to month lease.

What happens if a tenant fails to comply with a termination notice?

If the tenant fails to comply with the termination notice in the amount of time provided, the landlord may then file an unlawful detainer action. Alternatively, an eviction is a legal process initiated to remove someone from residential or commercial property. Generally speaking, an eviction requires the involvement of the courts.

What happens when a landlord evicts a tenant?

If a landlord wishes to evict a tenant, they must follow the very strict procedural rules of the state and, if in a rent controlled market, the city. When rent goes unpaid and the landlord is unable to contact the tenant, it could seem that the tenant has abandoned the property without notice. If the landlord suspects that a tenant has abandoned ...

Can a month to month lease be terminated?

Periodic tenancy, such as a month to month lease, can be terminated by either the landlord or tenant for almost any reason. Sometimes prior notice is required, which is usually thirty days; and. Tenancy at will, in which either party may terminate at any time, so long as prior notice was given. As previously mentioned, landlords usually accomplish ...

Can a renter break a lease?

When a renter signs a lease agreement, it’s very rare that they sign with the intent of breaking a lease. However, life sometimes happens and whether it’s for a new job or a family emergency, we are forced to move out early.

Is it bad to get out of a lease early?

No Clause - If there is no clause describing how to get out of your lease early, this could be very good or very bad. Since you signed a lease agreement with no escape clause, you may have to pay for your apartment rental for the entire lease, at least on paper.

What is a rent responsible clause?

You’ll generally find one of three options: a rent-responsible clause, a buy-out clause, or no clause detailing how you can break your lease. Rent-Responsible Clause - A rent-responsible agreement means that you are responsible for the rent until someone replaces you as a tenant.

What is a buy out clause?

Buy-Out Clause - Another possibility is a buy-out which means that you are going to have to pay a bit extra since you are breaking the contract that you signed. For most buy-outs, you are still going to have to give a thirty day notice before your intended departure date, but you are going to have to pay an extra month of rent and a buy-out fee.