what type of lawyer can answer questions regarding rental property liabilities

by Sandrine Lockman II 10 min read

Do I need a lawyer for a rental property lawsuit?

Jul 06, 2021 · 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.

Do I need a lawyer to get reimbursement from my Landlord?

One option is to hire a lawyer to sue the landlord in court. Another option is to file a fair housing complaint with the Department of Housing and Urban Development (HUD), or a state or local agency in HUD's Fair Housing Assistance Program (FHAP). HUD and state and local agencies in FHAP receive over 10,000 discrimination complaints a year.

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

Answered 18 days ago by attorney Matthew R. Nahrgang | 1 Answer | Legal Topics: Landlord and Tenant Law. There is no easy answer. You have 3 options: 1) move 2) withhold rent due to the landlords failure to adhere to the covenant of quiet enjoyment and warranty of habitability 3) sue the landlord for breach of lease.

Should I hire a lawyer to evict my Landlord?

Your roommate agreement should cover: rent, deposits, and services, such as utilities and Internet (who pays for what and when) chores (who takes care of grocery shopping, cooking, cleaning, and recycling), how food will be bought or shared, and use of the living space (what and how you will share) house rules regarding pets, smoking, drinking ...

Is a rental property a liabilities?

As a property owner, a landlord usually has some degree of liability for rental property. However, the primary factor in establishing who is liable for an injury or crime on a rental property is negligence.

Under what conditions can a landlord become liable for a crime committed against a tenant quizlet?

When a landlord fails to use reasonable care to protect their tenants, they can be held liable for the negligent or intentional criminal conduct of a third party.Sep 12, 2018

Is my landlord responsible for door locks?

Landlord's responsibilities It's a landlord's duty to provide a safe and secure home for the tenant. This means the locks must be functional and windows and exterior doors must be in good condition.Jun 5, 2019

Is landlord harassment a criminal Offence?

It's a crime for your landlord to harass you or try to force you out of a property without using proper procedures. If this happens, you may have a right to claim damages through the court.

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 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 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.

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 happens if you don't have renters insurance?

If you have renter's insurance, your insurance company will cover the loss and its lawyers will then seek reimbursement from your landlord. If you don't have insurance or have inadequate coverage and the damage to your property is substantial, consider hiring a lawyer to help you obtain reimbursement from 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 time do you call a lawyer?

Select the best time for you to receive a follow-up call from a lawyer after your question is answered. ( Required field) Morning (8:00AM to 12:00PM) Afternoon (12:00PM to 5:00PM) Evening (5:00PM to 9:00PM) Other. AM PM.

Can you start an eviction after a vaid notice expires?

Assuming your termination notice is vaid and was properly served, you will have to start a Holdover eviction action against your tenant. The action can be started after the notice expires.

Can you change the locks on a basement door?

If he changed the locks on entry doors aside from the basement's, then he has acted illegally and you can change the locks on him. The California law is unclear as to whether the tenant has to give a key to the landlord as the landlord is only able to enter after giving the tenant reasonable notice. Do that to see what the condition of the basement is; if he refuses, give... Read More

What happens if you don't pay your roommate's rent?

When roommates move out and don’t pay their share of the rent, you (and the other roommates) must pay the rent in full or face eviction. You can try to collect rent from the nonpaying roommate. If friendly measures don't work, consider suing your roommate in small claims court.

How to avoid roommate disputes?

Most roommate disputes can be avoided by laying out simple guidelines and expectations at the beginning of the living arrangement in a written agreement.

What to include in roommate agreement?

Your roommate agreement should cover: 1 rent, deposits, and services, such as utilities and Internet (who pays for what and when) 2 chores (who takes care of grocery shopping, cooking, cleaning, and recycling), how food will be bought or shared, and use of the living space (what and how you will share) 3 house rules regarding pets, smoking, drinking, drug use, noise, and guests 4 timing and form of notice required to move out (and consequences of leaving early) 5 how you will handle any major disputes that come up (for example, about damage to the rental property), and 6 any other issues that are important to you (such as an all-vegan kitchen).

Can you evict a roommate?

You Can’t Evict! Although you can ask your roommate to move of the rental unit, you ordinarily can’t evict your roommate yourself. An eviction is a legal proceeding that ends the contractual relationship between the landlord and the tenant. Evictions must be approved by a judge in court.

Can a landlord terminate a roommate?

Your landlord can terminate the entire tenancy even if just one roommate causes problems—for example, by not paying the rent, damaging the rental unit, bringing in a dog (if your lease prohibits pets), making too much noise, or otherwise violating the lease. The landlord can hold all cotenants legally responsible for the lease violation of just one person, and take steps to evict all of you.

Do roommates have to sign a lease?

All roommates should sign the rental agreement or lease, making you cotenants—meaning that legally speaking each of you will be individually responsible for paying the entire rent each month and fulfilling other rental obligations.

Is a roommate agreement binding?

Also remember that a roommate agreement is no more than an agreement among roommates. It’s not binding on the landlord, and you can’t expect your landlord to step in if there's a dispute about it, or enforce any agreement you made with your roommate.

What can an LLC do?

One other important trait that has not yet been mentioned, is that an LLC is considered a person for legal purposes (i.e., an entity). Therefore, LLCs can do many of the same things that a person can do, such as enter into a contract, file a lawsuit, and of course, own and purchase property. Accordingly, the answer to the question ...

What is LLC in business?

A limited liability company (“LLC”) is a type of business organization in which its members can enjoy the limited liability advantages offered by corporate business structures, while at the same time, can employ the management style and obtain the tax benefits of a partnership. Unlike members of a general partnership, however, ...

What is LLC operating agreement?

An LLC operating agreement can also provide the names of specific individuals that it authorizes to sign property transactions on its behalf. Managers and Officers: If the LLC operating agreement created and assigned managerial or official roles to certain individuals, they may be given authority to sign off on a property transfer as well.

Can an LLC own a property?

As previously mentioned, an LLC is capable of owning and transferring property . However, in order to purchase, own, or transfer property out of LLC entities, a real person must be granted legal authority to sign the actual property deed and title. Thus, some individual associated with the LLC must be appointed to carry out property transactions, ...