what type of lawyer deals with landlord tenant issues

by Meredith Zboncak 3 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

How much does a landlord-tenant lawyer cost?

An attorney's fee will depend on the complexity of your case, where you live, and the attorney's billing practices. Some landlord-tenant lawyers charge by the hour, typically $200 to $500. Other lawyers charge a flat fee for a specific service. For example, the attorney might charge a flat $500 to start an eviction proceeding.

What is a landlord tenant attorney?

Landlords and tenant attorneys will advise you about how to handle security deposits and back rent disputes. Both will work to protect your rights. tenant attorneys may also represent you in court to pursue compensation for any damages done to the property, back rent, and other claims. There are times when you can even win through tenant attorneys.

What are the rights of a landlord?

Whilst the risk of forfeiture is a very potent weapon to ensure the performance of the tenant’s covenants, landlords must be careful not to lose it. One of the biggest traps for landlords is accidental waiver of the right to forfeit the lease. In Segal Securities Ltd v. Thoseby [1963] 1 QB 887, Sachs J at 897 put it this way:

What is a landlord tenant dispute?

landlords and tenants

  • Rats, garbage and rotting food. ...
  • A large hole that rats can enter 'freely' While there were several issues in this dispute, the ratty issue involves a shed . ...
  • A ratty mystery. ...
  • Rats everywhere. ...
  • Cockroaches, mice and rats! ...
  • Vancouver was named B.C.'s rattiest city for the fourth year running. ...

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 are my rights as a tenant in Maryland?

Under Maryland law, tenants have a right to freedom from housing discrimination, a right to certain security deposit protections, the right to freedom from landlord retaliation, and the right to be protected after domestic violence. Learn four rights of tenants in Maryland.

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.

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 file a complaint against a landlord in Maryland?

If a landlord will not make necessary repairs to a rental property, contact Housing and Community Development at 240-314-8320. All other complaints can be made by completing the Landlord- Tenant Complaint Form. 111 Maryland Ave. 8:30 a.m. - 5:00 p.m.

What your landlord Cannot do?

Landlords cannot enter tenanted properties without giving proper notice. Landlords cannot arbitrarily end someone's tenancy before the lease expires. Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.

Do landlords have a duty of care to tenants?

All landlords owe their tenants a duty of care when it comes to their health and safety while living in their rental property. Tenants, meanwhile, have a duty of care to those who visit the property while they're living there, and should ensure as far as is reasonable that they are safe while on the premises.

What's the difference between lawyer and attorney?

Instead, 'lawyer' or 'solicitor' is more common. For example in the US, an attorney is a general term for a lawyer that has passed a bar examination and can practice law in a particular jurisdiction. Attorneys act as lawyers but not all lawyers can perform the work of attorneys.

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's the difference between lawyer and advocate?

A lawyer is a general term used to describe a legal professional who has attended law school and obtained a Bachelor of Law (LLB) degree. An advocate is a specialist in law and can represent clients in 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 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 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 is a landlord lawyer?

An experienced landlord / tenant lawyer can help both a tenant and a landlord when issues arise. For tenants, landlord tenant lawyers can help the tenant when they are discriminated against, landlord is evicting in an illegal fashion, when your landlord would not make necessary repairs for you to have a livable place, ...

What can a real estate attorney do for you?

A real estate attorney will be able to help you identify the law that applies to your landlord-tenant relationship and help you achieve a beneficial result. A real estate attorney will also be able to review the terms of a lease and help you discover what you will be bound to do under the lease.

What is a rental agreement?

Rental or lease agreements are a contract between the landlord and tenant that tenant that defines the terms of the relationship. A lease should contain the following terms: Rent: How much is the rent paid per month, the date of the month the rent is due and the late penalty if the rent is not paid within a certain number of days of the due date.

What are the responsibilities of an apartment tenant?

Many apartment rentals include water and garbage collection, but usually electricity, gas and telephone are the tenant's responsibilities. Security Deposit: If a security deposit is required, the lease or rental agreement should specifically state the amount.

Do landlords have to give notice of a move in?

Landlords are usually required to give notice to the tenant before entering the unit. A tenant's right to privacy vary from state to state. Move-in Inspection: Both the landlord and tenant should determine the condition of a rental unit at the time the tenants take possession and make note of (or photograph) any pre-existing conditions. ...

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 a Landlord-Tenant Attorney Can Help

If you are currently involved in a legal dispute with a tenant, or are concerned about your legal rights and obligations at any stage in the landlord-tenant relationship, you should speak with an attorney with experience in landlord-tenant law who will evaluate your case with you, to ensure that your legal rights are fully assessed and protected.

Finding a Landlord-Tenant Attorney

To find a lawyer to help with your tenants' rights issue, use the FindLaw Lawyer Directory to search for a landlord-tenant or real estate law firm or attorney near you. To get started, go to the "Find a Lawyer" box near the upper left corner of this page. You can also find a landlord-tenant attorney near you here.

How to find a lawyer for a landlord?

There are several resources you can consider to find a landlord tenant lawyer. These include: 1 Bar Associations: Your state or county’s bar association may provide referrals for lawyers. For example, the New York City Bar provides legal services for a number of issues, including landlord tenant conflicts. 2 Referrals: Ask around. Other tenants in your building may have experience with landlord-tenant lawyers. 3 Tenant Unions: Contact your local tenants’ union. They may be able to provide you with a list of lawyers that work with tenants in your area. 4 Online: There are several online sites where you can search for legal counsel. These include FindLaw.com, Lawyers.com, and AVVO.com. You can usually search by zip code and the topic you are seeking counsel for. Take any online reviews with a grain of salt, however, because they can easily be made-up. 5 Courthouse: Lawyers go to court. You can physically go to your local landlord-tenant court to find lawyers who practice in your area.

What is landlord harassment?

Landlord Harassment: The landlord has been harassing you or members of your household. Injury or Health Issue: You have been injured at the rental property or a safety issue, such as mold, has affected your health.

What are the safety issues at a rental property?

Safety or Habitability Issues at the Rental Property: There are serious health or safety violations at the rental property, and your landlord has refused to fix them. Wrongful Eviction: Your landlord is making false claims to try and force you out of the rental property.

Why do landlords refuse to return security deposit?

There are a number of reasons you may want to take your landlord to court. These include: Landlord Is Wrongfully Withholding Your Security Deposit : Your landlord refuses to return your security deposit, and you believe you have the right to this deposit. Safety or Habitability Issues at the Rental Property: There are serious health ...

How often do lawyers give free consultations?

In certain areas, lawyers will offer free consultations once a week or once a month in a community center or other public area. ...

Does New York City have free lawyers?

New York City also passed a law which provides free lawyers to tenants in the city who are facing eviction. The one catch is that to qualify for the free lawyer, the tenant must certain income qualifications.

How can landlords prevent disputes with tenants?

Landlords can often prevent disputes with tenants by using an experienced lawyer to provide legal advice for all rental paperwork and processes. Lawyers that deal with landlord tenant issues can help you defend yourself from these common issues:

Who is Worcester Law Group?

Worcester law group has a proven track record of successfully defending the rights of landlords in many types of tenant landlord issues.

Is it illegal to discriminate against a tenant in Massachusetts?

In Massachusetts it’s illegal to discriminate against potential and existing tenants due to their race, nationality, sex, family status, religion or disability. Ensuring that all application forms, leases, and interview questions do not contain any discriminating questions or vocabulary is the first step in avoiding discrimination cases.

Is eviction legal in Massachusetts?

Tenants are afforded a great deal of protection in Massachusetts, especially when it comes to the eviction process. Following the correct eviction process is extremely important if you want to avoid landlord tenant disputes. Take legal advice before starting the eviction process.

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.

Fee Arrangements

Attorney fees can be daunting, but you should be aware that some attorneys will take cases that involve a potentially substantial payout on a contingency fee basis. This is the usual way of handling personal injury and discrimination cases, although it is not common in eviction cases.

When the Landlord Pays

Your lease may have a provision that awards attorney fees if you win in a dispute over the lease. These provisions usually work both ways, meaning that whoever loses pays both sides’ attorney fees.

Disputes with Your Lawyer

If you are concerned about your lawyer’s fees, accessibility, or competence, you should address the situation head-on as soon as possible. If it is not cleared up to your satisfaction, you should not hesitate to change lawyers.