when to get a lawyer for apartment issues

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).

Full Answer

When should I speak to a real estate attorney?

Do I need a lawyer to stay in my rental property?

Do I need an attorney if I Have Issues with my housing rights?

How do I find a lawyer to help with tenants' rights?

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 tenant gets hurt?

If a tenant or guest sues you and claims that she got hurt or sick because of your carelessness, you'll almost certainly want to hire a lawyer to defend you. Personal injury cases are typically high stakes, and personal injury lawyers know their way through these cases much better than you do. Also, you may find it difficult to confront a tenant who has suffered a serious loss, even though you believe you should not be held responsible.

How to evict a tenant?

Still, many landlords try to evict a tenant themselves, often with success. (For more on evicting tenants, see Nolo's area on Evicting a Tenant or Ending a Lease .) But you may be better off hiring a lawyer if: 1 this is your first eviction 2 the tenant is fighting the eviction and has a lawyer 3 the tenant is an employee whom you're firing 4 the tenant is filing for bankruptcy, or 5 you must comply with rent control or housing program rules for eviction.

How much is the penalty for a HUD violation?

HUD administrative law judges can award a civil penalty of $16,000 per violation for first-time offenders, in addition to actual damages, attorneys' fees, and other relief. Your liability can be much higher if your case goes to court or you settle.

How much is the penalty for HUD?

HUD administrative law judges can award a civil penalty of $16,000 per violation for first-time offenders, in addition to actual damages, attorneys' fees, and other relief. Your liability can be much higher if your case goes to court or you settle. Also, if you become the subject of a discrimination lawsuit or investigation, it can make the press and harm your business' reputation. A lawyer can help you resolve the dispute and end the investigation or lawsuit as soon as possible. (For more on housing discrimination, see Nolo's article Choosing Tenants: Avoid Fair Housing Complaints and Lawsuits .)

What happens if you are subject to a discrimination lawsuit?

Also, if you become the subject of a discrimination lawsuit or investigation, it can make the press and harm your business' reputation. A lawyer can help you resolve the dispute and end the investigation or lawsuit as soon as possible.

Who fights eviction in a tenant case?

the tenant is fighting the eviction and has a lawyer

Can a landlord evict a tenant?

Still, many landlords try to evict a tenant themselves, often with success. (For more on evicting tenants, see Nolo's area on Evicting a Tenant or Ending a Lease .) But you may be better off hiring a lawyer if:

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 tangential issues for landlords?

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 can a landlord tenant attorney do?

A landlord-tenant attorney can give you an honest opinion of your case, offer you clear options for your next steps, and protect your rights as you take action.

How to file a lawsuit against a landlord?

Finally, your landlord-tenant law attorney will take legal action for you. If a lawsuit becomes necessary, they will: 1 Review documents 2 Research the law 3 Interview witnesses 4 Collect records 5 Talk with expert consultants 6 Plan a legal strategy 7 Negotiate with landlords, insurers, property managers, and opposing counsel

What is the goal of an attorney?

Negotiate with landlords, insurers, property managers, and opposing counsel. An attorney's goal is to strengthen your position and obtain the best results for you. No matter how you decide to take action, they make sure it is done correctly, and you are protected.

What to do if you are fighting your landlord?

In most cases, you need to consider getting professional legal help if you fight against your residential landlord. A lawyer will be able to explain the local laws and how they apply to your situation. These laws are determined by the Department of Housing and Urban Development (HUD) and can be confusing to understand.

Do attorneys give free legal advice?

Some attorneys offer free legal advice during consultations. Some cities also provide free legal assistance for qualifying people.

Do landlords have rights?

While landlords may often hold the upper hand, renters are afforded certain rights when it comes to rental property. If you have questions about your rights as a tenant, you deserve answers. When you feel that your rights have been violated, you may want to get in touch with an experienced landlord-tenant attorney near you.

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.

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 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.

What to do if you have a complaint against a mortgage company?

If you have a complaint against a mortgage company, try to resolve it with the company first. Several government agencies accept complaints about mortgage lenders. In some cases, you should file your complaint with more than one agency, especially at the federal and state level.

What happens if a lender denies a mortgage application?

File a complaint with the CFPB if a lender has denied a mortgage application because of your: The Department of Housing and Urban Development (HUD) enforces the Fair Housing Act. This law prohibits discrimination when you rent, buy, or secure financing for a home. Your state may also have a similar law.

What is a housing provider?

A housing provider that discriminates against someone could be a landlord or a real estate management company. It could also be a lending institution like a bank or other organization that aids in the homebuying process.

What is housing discrimination?

Housing discrimination happens when a housing provider gets in the way of a person renting or buying housing because of their

Does the Fair Housing Act prohibit discrimination based on sexual orientation?

Discrimination Against LGBT People. The Fair Housing Act does not specifically prohibit discrimination based on sexual orientation or gender identity. But discrimination against someone who is lesbian, gay, bisexual, or transgender (LGBT) may still be in violation of the Act or other state or local regulations.

Is discrimination against housing prohibited?

It could also be a lending institution like a bank or other organization that is an important part of acquiring a home. Housing discrimination is prohibited by the Fair Housing Act. Discrimination covered by the Act can take many different forms beyond just raising prices or lying about availability.

How to find answers to legal questions without a lawyer?

Consider online sources for straight-forward questions. There are many online databases and law resources where you can educate yourself and find the answers to direct questions without having to consult an actual lawyer. This could be a logical first step before pursuing further legal help!

What is free legal advice?

Non-profit organizations, like the Housing Rights Center, offer free legal advice (in this case, for the state of California) to help settle simple landlord and tenant disagreements. Free telephone and in-person consultations help both landlord and tenants know their rights and the best steps to take based on their particular state’s law.

What is lawhelp.org?

LawHelp.org is an organization mostly focused on helping low-income families find legal resources, but they also offer information about completing legal/court forms and citizen rights, as well as lists of legal offices by state. This site offers other helpful links to pro bono web sites and advocacy organizations.

How to get a free consultation on real estate?

Schedule a free consultation with a local lawyer who specializes in real estate law in your state. You can use the American Bar Association website to find a free consultation in your area to get the legal process started.

Is it free to evict a tenant?

Well – it’s free! If you have a simple problem with your tenant and wonder if it’s grounds for eviction, free legal advice through web sites and consultations could help steer you in the right direction.

Is legal advice free?

Truly free legal advice is hard to come by. Be ware of websites and organizations that promise free legal advice and then charge a fee. Make sure to read the fine print and don’t give your payment information unless the terms of the exchange are clear!

Do rental laws vary by state?

Keep in mind that rental laws and regulations vary by state. Be sure that you are viewing or talking to a legal expert who is knowledgeable about your particular state!

What does an affordable housing attorney do?

An affordable housing attorney will be able to determine whether your landlord and/or management company is in compliance with all federal and state housing regulations. Your attorney can also discuss whether your rights were in fact violated, and if so, they can provide you with the best legal options that would help you resolve your matter.

How to sue HUD?

If a person wishes to sue the HUD, the first thing they must do is file a complaint either by calling the Housing Discrimination Hotline or going directly to HUD’s website and clicking on their link for filing a complaint.

How long do you have to give notice to HUD?

With the exception of emergencies, a landlord must provide notice to the tenant at least 24 hours prior to entering the premises. (Note, that HUD inspections do occur regularly).

What are HUD tenants' rights?

Various other rights: HUD tenants also enjoy the right to organize and participate in protected tenant activities without fear of retaliation from management or their landlord. For instance, a HUD tenant may post materials in a common area to inform other residents of their housing rights.

What happens if a landlord refuses to fix a tenant's plumbing?

If the landlord refuses to make repairs that affect the health and safety of the tenant, then the tenant can often withhold rent, move out of the property or eventually sue the landlord. 2 .

What happens if you sue your landlord?

Receive Money You Are Owed: If you sue your landlord and win, you will be awarded the money you are owed, possibly more. For example, if your landlord wrongfully withheld your security deposit, you will be awarded this amount, and in some states, two or three times this amount. 1 

How much can you sue your landlord?

For example, the maximum amount you can sue your landlord for will differ in each state. In some states, this limit is $2,500, while in others it is $15,000. 3  4 

What happens if your landlord violates the Fair Housing Act?

Housing Discrimination: If your landlord has violated the terms of the Federal Fair Housing Act, you may have a legal case against them. You will first have to file a complaint with HUD. HUD will investigate and if they feel the landlord has committed housing discrimination, further legal action will be taken.

Can a landlord sue you outside of court?

Filing a lawsuit does have some potential advantages for tenants. Could Motivate a Landlord to Settle Outside of Court: Notifying your landlord of your intention to sue him or her could motivate your landlord to do everything in their power to avoid actually going to court. He or she may agree to settle with you before the matter ever goes ...

Can you sue a landlord for a security deposit?

If you are suing because the landlord withheld your security deposit, then it makes sense to file the lawsuit after move out. If you are suing because the landlord refuses to perform repairs to make the unit habitable, then it makes sense to sue while you have an active lease.

Can landlords and tenants be in conflict?

Landlords and tenants do not typically enter into their relationship looking for conflict. Sometimes, however, problems develop that cannot be easily fixed by a phone call or email. In these situations, a tenant may consider suing their landlord to resolve the issues in court.

How A Landlord-Tenant Attorney Can Help

Related Resources For Tenant's Rights Issues

Get Legal Help with A Tenants' Rights Issue

• While landlords may often hold the upper hand, renters are afforded certain rights when it comes to rental property. If you have questions about your rights as a tenant, you deserve answers. When you feel that your rights have been violated, you may want to get in touch with an experienced landlord-tenant attorneynear you. Some attorneys offer free...

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