what type lawyer can help with renting

by Guido McClure 6 min read

Real estate attorneys are sometimes called landlord–tenant or rental attorneys. The exact type of law that an attorney specializes in will determine whether or not they can help you with the issues that you are having.Jul 6, 2021

What are my rights as a tenant?

Your Right to a Habitable Home. One of your important tenant’s rights is to a habitable residence. This means that the home must be safe to live in, without dangerous conditions and with usable heat, utilities, and water. Your landlord is required to make any necessary repairs to keep your unit in reasonable condition while you live there.

What are landlord tenant laws?

Landlord-U.S. landlord-tenant law governs renting commercial and residential property. It is primarily composed of state statutory and English common law. State statutes and the courts normally govern landlord-tenant relationships. However, federal law (the Civil Rights Act of 1968 and the Federal Fair Housing Act) may be applicable during ...

What are the legal rights of tenants?

Rights of All Tenants Renters who are not covered by the Landlord-Tenant Act do have these basic rights under other state laws: Right to a livable dwelling Protection from unlawful discrimination Right to hold the landlord liable for damage caused by the landlord’s negligence Protection against lockouts and seizure of personal property by the landlord

What is a landlord tenant lawyer?

Landlord/Tenant law covers all aspects of renting a property. Lawyers can help landlords create an enforceable lease without any illegal provisions. Landlords will probably find landlord tenant attorneys and invaluable source of information regarding the laws for security deposits, repairs and maintenance, and eviction.

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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.

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 is an attorney called?

In the United States, the terms lawyer and attorney are often used interchangeably. For this reason, people in and out of the legal field often ask, “is an attorney and a lawyer the same thing?”. In colloquial speech, the specific requirements necessary to be considered a lawyer vs attorney aren't always considered.

What is an attorney UK?

Anyone who likes police or legal fiction will probably have noticed that the U.K. uses the term solicitor where the U.S. uses the term attorney.

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.

Can I sue my landlord for emotional distress in Texas?

Texas does recognize intentional infliction of emotional distress claims, but those claims generally apply in cases such as nursing home abuse, assaults, or threats of violence. Negligent infliction of emotional distress arises from an accident or incident caused by negligence, errors, or mistakes.

How do I find a good lawyer?

There are many ways to find a reliable lawyer. One of the best is a recommendation from a trusted friend, relative, or business associate. Be aware, however, that each legal case is different and that a lawyer who is right for someone else may not suit you or your legal problem.

How many types of lawyers are there?

What are the two main types of lawyers? There are two main types of lawyers in criminal law are attorney and prosecutor.

What is the difference between lawyer attorney and advocate?

An advocate is a specialist attorney who represents clients in a court of law. Unlike an attorney an advocate does not deal directly with the client – the attorney will refer the client to an advocate when the situation requires it. Advocates can also appear in the higher courts on behalf of a client.

What are the 4 types of power of attorney?

AgeLab outlines very well the four types of power of attorney, each with its unique purpose:General Power of Attorney. ... Durable Power of Attorney. ... Special or Limited Power of Attorney. ... Springing Durable Power of Attorney.

What is the difference between a solicitor and a lawyer UK?

A lawyer is anyone who could give legal advice. So, this term encompasses Solicitors, Barristers, and legal executives. A Solicitor is a lawyer who gives legal advice and represents the clients in the courts. They deal with business matters, contracts, conveyance, wills, inheritance, etc.

What is the difference between solicitor and advocate?

An advocate who represents the central government or government is called an attorney general. He provides legal advice to the central government as well as represents its cases. The Solicitor general assists the attorney general in his work.

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 is a landlord tenant attorney?

A landlord tenant attorney is an attorney who specializes in dealing with legal issues related to the rights and obligations of landlords and tenan...

What can a landlord tenant attorney help with?

Here are the most common types of cases landlord tenant attorneys handle: disputes between landlords and tenants (usually when it comes to rent, se...

Why should tenants hire an attorney?

For tenants, hiring an attorney is often necessary if you experience one or more of the following: your landlord has failed to make needed repairs,...

Why should landlords hire an attorney?

If you are a landlord, a lawyer can help you perform the following: prepare lease agreements, defend against personal injury claims, and process ev...

How much do landlord tenant lawyers charge?

On average, a landlord tenant lawyer will charge $225 to $300 per hour. Most of them, though, offer free 30-minute consultations.

What is an attorneys' fee clause?

Tenants should look at their lease agreement carefully, as some may include an attorneys' fees clause. This clause essentially means you can get re...

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 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 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.

How Federal Law Protects Tenants

If you have a landlord-tenant issue, most of the laws governing your legal issue will likely be state laws. This is because property rights are usually governed by state law. However, there are some important federal laws that protect renters, including the Fair Housing Act (FHA) and the Fair Credit Reporting Act (FCRA).

Tenant Rights Lawyers

If you have a legal issue involving a landlord, you should seek the legal advice of a tenant lawyer. A tenant lawyer will have experience with all the laws mentioned in this article as they apply in your state and city.

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.

Should I use an attorney to write a lease agreement?

It’s a wise idea to use an attorney to write your lease agreement so that it covers all your rights and stays compliant with local, state and federal law. Rather than download a generic lease agreement from the internet, work with the attorney to draft an agreement that specifically reflects your property and your expectations from a tenant.

Should landlords consult with an attorney?

Landlords should also consult with an attorney if they are ever being investigated for illegal discrimination, evicting a tenant, sued for injury, sued for damage to property, audited by the IRS, fighting slander or libel or anytime you are going to court (such as small claims court). While some landlords do navigate successfully through these legal issues, having a knowledgeable attorney by your side can prevent you from making mistakes that lead to more serious issues.

What does a lawyer do for a home?

A lawyer can help educate you on what your home must be legally outfitted with in order to be considered “livable” in your state or county. 3. Your Landlord is Withholding Damage Deposits and/or Funds from You. Your landlord can have numerous reasons for not returning your money.

Why won't my landlord return my money?

Let’s say your dishwasher breaks, or your landlord asks you to repaint a room because it’s dingy. If you paid for the dishwasher to be fixed with your own funds, your landlord need to reimburse you.

What happens if you are evicted from your home?

Cause disturbances to force you out of your home like loud noises. Take, keep, remove, or destroy your personal property. Being evicted or sued by a landlord can be frustrating, and can have serious consequences against your mental well-being and credit score.

Can a landlord forcefully evict you?

Your Landlord Forcefully Tries to Evict You Without Proper Notice. In order for your landlord to legally evict you, they need a court-order eviction notice. The first notice will be a notice to vacate the premises. This should have your landlord’s reason for eviction, and when you need to leave by.

Can a landlord remove you from your house?

Causing substantial damage to the property. Your landlord cannot physically or forcefully remove you from your home even if they have an eviction notice. The only people who are legally allowed to physically remove you are a sheriff, sheriff’s deputy, or a court bailiff.

Can a landlord discriminate against you?

Your landlord cannot discriminate against anyone in your home’s race, sex, religion, nationality, disability, or familial status . For instance, if you have a baby, your landlord cannot evict you if they’re worried about noise complaints.

Can a landlord evict you if you have a baby?

For instance, if you have a baby, your landlord cannot evict you if they’re worried about noise complaints. The same can be said for other new roommates or significant others, as long as they understand how many occupants reside in the home. They may require you pay more in heat, electricity, or water.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What do IP lawyers need to know?

They need to have expert knowledge in both business and innovation trends. IP lawyers may also negotiate settlements on behalf of the creator or inventor if someone has infringed on their work, such as in cases where branded goods are faked and sold for a lower price in the market.

What is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

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.

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 family law?

Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by 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.

Do lawyers handle different types of cases?

There are many different types of lawyers that handle many different types of cases. Some cases may even overlap practice areas. Most lawyers have experience with a variety of cases and will be able to help you with your needs. Despite the prevalence of “lawyer jokes”, lawyers are service oriented and look out for the best interest of their clients.

Can a lawyer work in a law firm?

Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.

Why do people rent out properties?

While there are some landlords out there who make a career out of being a landlord, most folks who rent out properties do so because it’s a lucrative form of investment. They own one or a few rental properties and are largely self-educated when it comes to the legal side of the business. In other words, they don’t necessarily keep ...

Is it cost effective to hire an attorney?

It wouldn’t necessarily be cost-effective to do so. For those landlords, the question of hiring an attorney is always one of cost versus benefit. Attorneys are expensive, but in certain instances, they can save you thousands of dollars and expedite unpleasant processes.

Can a landlord sue for property damage?

Property Damage Lawsuits. If a landlord’s failure to maintain his property results in damage to the tenant’s property, the tenant has a right to sue the landlord for damages . Some landlords require that their tenants carry renters insurance which may cover property damage to tenant’s belongings done on the premises.

Can landlords be held liable for personal injury?

Only if the landlord fails to respond could they then be held liable for injuries that occur on their premises. Nonetheless, personal injury lawsuits are complex issues and having a lawyer handle them for you will produce the best results.

Can a landlord be sued?

There are a number of reasons that a landlord can be sued, but one of the most common is a failure to maintain a safe and healthy residence. Tenants can bring premises liability lawsuits if they result in personal injury.

Do landlords need a lawyer for eviction?

In addition, there are some complex evictions in which even experienced landlords would want to have a lawyer help them. Those include: The tenant has a lawyer and is fighting the eviction. The tenant is filing for bankruptcy. The tenant is involved with a state sponsored-housing program.

Can a landlord evict a tenant?

While eviction lawsuits are expedited, the rules governing eviction lawsuits are strict. Landlords who have experienced an evi ction in the past have a better chance of successfully evicting a tenant. Still, unless you’re a lawyer, there are always going to be unforeseen wrenches thrown into the works. Even if you are a lawyer there may be ...

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