when should you include lawyer in housing dispute

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.

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Do I need a lawyer for a property dispute?

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. You've Been Injured or …

When should you hire a lawyer for a lease dispute?

It is important to address a housing issue right away in order to prevent further complications, such as eviction from student housing. To contact our office, simply call us at 617-340-6623 or fill out our client intake form, and one of the firm’s student housing attorneys will get in touch with you within one business day.

Do you need legal help to resolve a housing dispute?

If you’re facing eviction or repossession, we can provide support and advice to help you remain in your home. When you talk to our expert solicitors, we will explain your rights and support you through the next steps. Together we’ll tackle any concerns you may have and act quickly to reduce the anxieties you are facing. Our housing solicitors are experts in all areas of property law and …

When to hire a lawyer for a lawsuit against a property manager?

Whether you are a renter who is leasing a house or apartment or a landlord who rents out real estate, there are a variety of reasons that you may need legal advice. 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.

What is a student's legal right to occupy a room?

The nature of a student’s living arrangements will affect his or her legal rights. If the student’s legal right is only to occupy a single room or a small number of rooms, while the property itself remains in another person’s possession, the student is a lodger. An agreement that gives the student the right to use and occupy the entire property makes the student a tenant. A lodger has only a contractual right to occupy his room, while a tenant has a property right in the premises.

What happens if you discover a problem that is not being addressed?

If you discover a problem that is not being addressed, you are not powerless. T he student housing lawyers at Boston’s Calabrese Law Associates can help. Any issue related to the implied warranty of habitability or the implied covenant of quiet enjoyment constitutes a violation of M.G.L. c. 186 § 14. Such a violation also constitutes an unfair or deceptive practice under Chapter 93A, entitling you to double or treble damages. If the defect is significant enough, you have the right to withhold a portion of the rent until it is remedied. You may demand that the landlord solve these problems.

Why is noise important in a condominium?

Many buildings have quiet hours or instructions that noise should be kept to a minimum during certain times of the day. This is very common in condominiums. Excessive noise, if not remedied upon reasonable notice, is a breach of the implied covenant of quiet enjoyment. For students, noise is a critical issue because they need to study and prepare for exams.

Can a student tenant in Boston be a landlord?

If the landlord commits any sort of interference, either through direct or indirect action, the landlord is li able to the tenant for the greater of damages that resulted or three months’ rent. The student housing attorneys at Boston’s Calabrese Law Associates can further explain the details during a free phone consultation.

What is Calabrese Law Associates?

At Calabrese Law Associates, we put our client’s interests first to help them achieve their legal goals. When you choose to partner with us, you will work with lawyers who represent the best of the legal profession and who provide high-quality legal services.

Do landlords have to address tenants?

Landlords are required to avoid infringing on the rights of tenants. However, this does not necessarily mean that landlords must address every demand made by the tenants. It only requires that the landlord maintain the premises so that they are habitable and capable of being used for their intended purpose — a student housing apartment.

Is there a violation of the Massachusetts Sanitary Code?

The presence of rodents and other vermin in a unit is a violation of the Massachusetts Sanitary Code. The Sanitary Code requires landlords to keep the premises free of infestation. The standard varies, depending on whether the unit is a “rooming unit” or a “dwelling unit.”

What happens when you dispute a property?

When you have a property dispute, it can create tension, which may lead to other issues. It is important that if you end up in this situation that you find a way to resolve the matter in a legal manner. Find out what you can do if you have a property dispute. Discover the legal remedies and actions that can help you clear up a misunderstanding ...

What is property dispute?

Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums and ponds. Property disputes can involve a wide range of parties, which might include some of the following: Neighbors. Homeowners’ association.

What are the issues with zoning?

Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale. Disputes between homeowners and government agencies about whether they have a utility easement. Ownership disputes about who is the rightful owner of a property. Issues with zoning.

What is a title search?

Do a title search to find all of the documents that are in the chain of title of your property. The title search will show if there are any deeds that may affect your ownership of the property. It’s likely that these things will have been done when you purchased the home.

What happens if you can't settle a case?

If you can’t reach a settlement, then the court will make a final decision based on the evidence you both submit. The court’s decision is legally binding. You may not agree with it or it may not be exactly what you were hoping for. That is why it is always in your best interest to reach a settlement.

Should you settle a dispute out of court?

But if your negotiations are going nowhere, it might be necessary to file the dispute with the court.

Who can be involved in a property dispute?

Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);

How to resolve a dispute with a neighbor?

Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.

What is a property dispute?

A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...

What is eminent domain?

Often, property disputes that involve cities or municipalities can involve issues of eminent domain, where the government has the right to take and use property for public purposes.

How to resolve boundary disputes?

Often, boundary disputes can be resolved at least in part by having a proper survey conducted on the property (especially if you’re planning on putting in a fence). Other property disputes may become more complicated, especially when you start running into issues questioning ownership.

What are the responsibilities of a HOA?

Homeowner Association Responsibilities: Which may bring up questions of whether the HOA is responsible for maintenance and upkeep of some elements of the neighborhood. Utility Easements: Sometimes homeowners may not realize whether or where utility easements are located on their property.

What is a cease and desist order?

An injunction, sometimes referred to as a “cease and desist” order, is a judicial order that requires a person to do or stop doing a specific action. In some cases, the court may use a judicial sale of the property to remedy the 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.

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 to do if tenant disputes cannot be resolved?

If the issue cannot be resolved and the tenant insists on pursuing a lawsuit, the property manager should listen to the advice of their attorney , gather as much evidence on the issue as possible, and ask their attorney about whether there are any defenses they can raise against the tenant’s claim.

What can a lawyer do for you?

Alternatively, if you are a property manager, your lawyer can conduct a legal search for defenses that you might be able to raise and can devise a strong defensive strategy.

What are the duties of a property manager?

In general, property managers will perform tasks, such as: 1 Collecting rent; 2 Overseeing eviction actions; 3 Coordinating moving schedules; 4 Responding to tenants’ maintenance requests; 5 Mailing late fee notices for overdue rent payments; 6 Assisting with residents who are locked out of their unit; and/or 7 Providing basic maintenance services like landscaping or repairing communal areas.

What are the issues with eviction?

Disputes over an eviction may involve procedural issues that make the eviction action illegal (e.g., improper notice), self-help problems (like when a landlord changes the locks), or removing a tenant’s personal property without their consent and placing it on the curb.

Can a landlord file a police report?

Finally, an owner or landlord may also be able to file a police report if they suspect that their property manager or company is engaging in fraudulent activities when collecting rent. In which case, they will need to wait and see if the district attorney has enough evidence to file charges against them.

Do property managers have to be satisfied with tenants?

Generally speaking, property managers tend to favor profits over tenant satisfaction. Thus, it is no surprise that property managers are often at the center of many property disputes. Some common examples of property management disputes may include:

Why is it important to resolve housing disputes?

Your home is important - a place where you should feel safe and secure. But when housing disputes arise; your home can become a cause of anxiety. It’s therefore important to try and resolve housing disputes as quickly as possible and sometimes you may need legal help to tackle the issues you are facing.

What is leasehold property?

Leasehold is a particular type of property ownership that comes with its own unique legal rights and responsibilities. Many flats in the UK are sold on a leasehold basis but leasehold can apply to other properties too. Neighbour disputes and anti-social behaviour.

Why was the Party Wall Act introduced?

Therefore the Party Wall Act was introduced to minimise disputes between neighbours when work is being completed.

What is notary services?

Notarial services for residential property. Whether you’re buying, selling, renting or leasing property or land abroad, there will be times when you need to present documentation to foreign authorities. And because every country has its own property laws, it’s important to ensure your documents will be accepted.

Is it good to have a tenancy agreement?

Whether you’re a landlord or a tenant, it makes good sense to have a solid tenancy agreement in place . Not only will this highlight your rights and responsibilities but it will also help maintain a positive relationship between you and your landlord or tenant. Transfer of title.

Is it good to buy at an auction?

Buying property at auction can be an exciting experience and is often a great way to get a good deal. However, it can also be a step into the unknown - particularly if it’s your first time. By talking to a legal expert before buying at auction you can approach the process with confidence and avoid costly mistakes.

How much can a small claims court hear?

In most instances, these courts are only authorized to hear cases where the amount in controversy does not exceed a certain amount, generally in the range between $3,000 and $10,000.

What happens when communication breaks down?

However, when communication breaks down, there are still steps that can be taken before lawyers are hired and court proceedings start. For example, an independent, third-party mediator can be hired to help form an agreement between the property owner and the renter.

What is binding arbitration?

Binding arbitration. Similarly, a judge or litigator will act as the arbitrator and hear both sides of the story in a general contractor dispute. Arbitrators will render a decision, which is binding on both parties. If it’s not to your liking, you have no right to appeal.

What to do if you can't see eye to eye?

Talk to your contractor about one of the options below if you can’t see eye-to-eye. Your remodeling contract may require that you and your contractor try one of these options before turning to the courts. A state or local agency. Your state’s contractor licensing agency may have a resolution program for general contractor disputes.

What Is A Property Dispute?

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Who Can Be Involved in A Property Dispute?

• Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: 1. Neighbors; 2. Landlords and Tenants; 3. Homeowner Associations (HOAs); 4. Trespassers; 5. Family Members; 6. Builders and Developers; 7. Government Agencies; and/or 8…

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