what type of lawyer draws up lease agreements

Do I need an attorney to draft a lease?

Rental agreements are vital to any property owner who seeks to lease or rent their property. A landlord tenant lawyer can be of great assistance and can help you to draft and review a rental agreement that suits your business needs. Also, if any disputes arise over a rental agreement, your attorney can help you recover damages in a court of law.

How can an attorney help me with a rental agreement?

Residential Lease Attorney. 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 the tenant will need to pay …

Do you need a lawyer to sign a residential lease?

When should you hire a lawyer for apartment lease issues?

What happens if a lease is broken?

If a lease is broken, the landlord will have a duty to mitigate the loss of rent payments. This means they will need to find another tenant to rent out the unit. A landlord may not prevent a new tenant from moving in solely to collect damages from the tenant who broke the lease.

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.

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 ...

Can a landlord terminate a lease at any time?

Now, if the parties did not form a residential lease and they have agreed to use a “tenancy at will” arrangement, then either party may terminate the lease at any time, so long as prior notice is given.

What to do if tenant has not moved out?

If the tenant has not completely moved out by the time the residential lease expires, but they have breached the lease, then the landlord may call the county sheriff’s department or other law enforcement agency in the area to remove the tenant and any of their belongings .

Can a landlord keep a security deposit?

The landlord may also keep the original tenant’s security deposit to make up for the loss of rent and to make repairs if necessary.

How to establish a lawyer-client relationship?

Old-fashioned as it may seem, the simple handshake is still widely regarded as an -acceptable basis for establishing a lawyer-client relationship. But not everyone is so casual—at the other end of the spectrum, where the interaction between you and your lawyer is more formal, you may find yourself handed multiple pieces of paper, such as: 1 a client information form, which asks for details on your business, your finances, and who (if anyone) referred you to the lawyer's office 2 a brochure describing the law practice and the education and experience of the firm's lawyers, and 3 a "retention letter" or a contract, detailing the lawyer's billing practices and describing the extent of the work the lawyer will do for you. In some states, lawyers must present you with a retention letter or contract.

What is flat fee agreement?

In a flat fee agreement, you pay the same amount regardless of how much time the lawyer spends on the particular job. When an attorney is highly recommended by others and the flat fee is moderate, this can be a great arrangement for you.

How much does a lawyer charge per hour?

Paying your lawyer by the hour is the most common method. In most parts of the United States, you can get competent services for your small business for $150 to $250 an hour. Most lawyers bill in six-, ten-, or 15-minute increments. Understand that these are the smallest "chunks" of time that the lawyer will bill for, ...

How long does a lawyer bill?

Most lawyers bill in six-, ten-, or 15-minute increments. Understand that these are the smallest "chunks" of time that the lawyer will bill for, even if a given task actually took less time.

Do lawyers charge for photocopying?

Lawyers may charge you for more than just the value of their services. Typically, lawyers charge clients for costs that are not included in the lawyer's normal office overhead, such as travel, hiring experts, time spent on online legal research databases, or other consultants—and some even charge for photocopying! Be sure to find out whether you will be charged for itemized costs and, if so, what they are and how much you'll pay.

What is a retention letter?

a "retention letter" or a contract, detailing the lawyer's billing practices and describing the extent of the work the lawyer will do for you. In some states, lawyers must present you with a retention letter or contract. If the lawyer you've chosen has dispensed with these formalities, you may not care very much—after all, ...

Justin C. Lowenthal

We've prepared these for clients using both custom and industry-approved forms. They are generally pretty straightforward and it shouldn't be a problem getting a real estate attorney to assist you.

Jacob Iloulian

Real estate attorneys should be able to draft the appropriate documents for you in about 2 - 3 hours.

Theodore S. Avery

It is very difficult to answer a question like this. To start, it is impossible to estimate the cost without knowing the appropriate length and complexity of the contract, and those things depend on the exact facts of your intended transaction and circumstances, as well as the opinions of the attorney you work with.

Cameron Sean Huey

No competent attorney will give you a quote on an internet site for a task that could take a few hours or could be extremely complicated. A competent attorney will quote you what their hourly rate is and will only give you a efee or an estimate after they have heard all of the facts needed.

Heather Morcroft

I agree with the other attorneys and would say that although there is no legal requirement that an attorney write a lease for you, the practical answer is YES!!!!!

Carol Lynne Zimmerly

You should hire an attorney to draft a lease agreement for you. The ones you find online or in stores usually don't have the strongest language with the right kind of clauses to protect the landlord.

Brandy Ann Peeples

First of all, you need to make sure you're complying with all local zoning laws. Some jurisdictions require rental licenses; other zoning ordinances prohibit renting in certain properties.#N#Secondly, while a lease doesn't have to be written in "legalese" there are...

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.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

Do doctors make mistakes?

Doctors do occasionally make mistakes, and if you’re facing the consequences of a medical mistake such as a medical misdiagnosis or inaccurate treatment, a lawyer who specializes in medical malpractice issues can be particular helpful.

What is a landlord tenant attorney?

A landlord/tenant attorney can help you analyze your situation, determine what your rights are, and make a well-informed decision about how to protect your interests. We've created a list of trusted landlord/tenant attorneys to help you find a lawyer who is the best fit for your situation.

What are the legal issues with landlords?

Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. These often include: 1 Landlord/tenant disputes, such as those related to rental rates, late or unpaid rent, security deposits, disagreements about the habitability of rental property, and other tenant rights and landlord rights issues. 2 Eviction, either seeking to evict a tenant or helping a tenant fight eviction and stay in their home (especially during times where additional tenants' rights/renters' rights are in effect, such as the COVID-19/coronavirus pandemic). 3 Rental agreements and lease agreements, including initial drafting and review of rental contracts, updates to the terms of the lease, and other contract-related matters. 4 Discrimination claims, including those related to housing discrimination on the basis of race, national origin, sex, religion, disability or other classification protected under the federal Fair Housing Act or other state or local ordinances. 5 Commercial real estate matters, from negotiating an initial commercial lease to litigating business disputes related to the lease or other issues. 6 Personal injury claims, if a property is not kept safe and in proper repair and someone is injured as a result. 7 Addressing tangential issues for landlords, including business law and estate planning-related issues such as business succession planning, and protection of rental property assets in a divorce or other family law matter.