when to get a lawyer for apartment lease

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.

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When should I hire a landlord tenant lawyer?

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. In the alternative, you could consult with a lawyer for an hour or two to get advice on how to proceed and what arguments to make to get reimbursed.

Do you need a lawyer to sign a residential lease?

You may want to hire a lawyer for apartment lease issues if they concern a breach of your residential lease agreement, the landlord has infringed upon your legal rights as a tenant, and/or if the problem needs to be resolved in court.

Do I need a lawyer for a rental property lawsuit?

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.

Do I need a lawyer to evict tenants?

While you may have valid reasons for wanting to get out of your lease (for example, you're moving because of a job, marriage or divorce, or the apartment is severely damaged), breaking a lease is still a breach of contract, so you could be penalized. Visit our Tenant Center Get tenant documents and ask a lawyer your questions. Get started

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 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.

How long does it take to renew a lease?

However, the tenant will usually know one to three months in advance of the lease’s end date if they will have to move or not.

What happens if a landlord raises rent too high?

This is so that if the landlord raises the rent too high, then the tenant will still have time to look for a new apartment before their lease expires. The landlord must also approve a tenant’s request to renew their 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 ...

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 .

What is a duty not to breach a lease?

A duty not to breach the lease; A duty to keep all units in habitable condition; A duty to respect the privacy of a tenant (with limited exceptions); A duty to return the security deposit within a specified period after a lease expires; and.

Why do commercial leases run longer than residential leases?

The reason that commercial leases run so much longer than residential leases is so that a business does not have to keep interrupting its daily operations to move to a new commercial property every year.

What happens if your landlord doesn't live up to his or her obligations?

If your landlord hasn't lived up to his or her obligations (ex: neglected maintenance or faulty repairs, or invasion of privacy), you may have just cause for breaking a lease. Read over your Lease Agreement to verify exactly what your landlord's responsibilities are.

What are the reasons for breaking a lease?

Conditions with high chances you'll have to pay a penalty for breaking a lease: Moving for a job. Buying a new house or apartment. Moving because of a marriage or divorce. These are the most common reasons for breaking a lease, and unfortunately are not legally valid reasons ...

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.

Can you break your lease if you are moving?

You may also be able to break your lease if you're being relocated under military orders. You become very sick or seriously injured. In some states, serious illness or injury, or the need to move to an assisted living facility because of illness/injury, is condition enough to let you break your lease.

Can you cancel a lease without penalty?

You've been called to active duty in the military. If you signed the lease before being called up, the Soldiers' and Sailors' Civil Relief Act lets you cancel your lease without penalty.

Do you have to pay rent for a year?

Remember, if you have a fixed lease (usually for a year), you're usually obligated to pay rent for the entire year. This means if your landlord can't find a replacement tenant immediately, or loses rent because of your move, you'll probably have to pay the difference.

What is the number to contact for an apartment lawyer in Texas?

Contact Girling Law at 469-526-4588 today.

How long do you have to give notice to a landlord in Texas?

In general, tenants must provide a one month notice before terminating their lease, but landlords have much shorter time periods. There are no laws addressing move-out inspections.

How much notice do you need to give for move out inspection?

Landlords must give notice prior to entering the premises; however, the law does not indicate a specific amount of time. Most landlords provide at least 24 hours notice before entering. No laws address emergency entry.

How much is a security deposit liable for?

If a landlord retains a security deposit in bad faith, they may be liable for up to three times the amount of the original security deposit, $100 additionally, and court and attorney costs of the tenant. There is no limit on security deposits, fees, or where deposits are kept.

What is the Texas property code for leases?

Rules for Leases, Rent Amounts, and Fees. Texas property code Chapter 92 provides very few regulations for leases, rent amounts, and fees. Landlords may increase rent at any time, without notice. Late fees must be “reasonable”; however, the law does not list a specific amount.

Can a landlord terminate a lease in Texas?

A landlord may terminate a lease with notice or immediately if the tenant is convicted of the crime of public indecency. If a tenant terminates the lease and leaves, the landlord must mitigate damages by making reasonable attempts to re-rent the apartment. For more details, you should consult with our Texas apartment housing lawyer.

Can a landlord change the locks on a tenant?

For example, if a tenant is late on rent, the landlord may change the locks. However, the landlord must provide written notice for how to obtain a new key, which must be available 24 hours a day. If a landlord changes the locks without valid reason, they may be liable to the tenant for up to one-month’s rent.

How long does it take to terminate a lease?

Leases such as these can be terminated by either the landlord or tenant for almost any reason; sometimes prior notice is required, usually thirty days; Tenancy at Will: Under tenancy at will, either party may terminate at any time, as long as prior notice was given.

What defenses can a tenant use to delay a lease termination?

There are a few defenses that a tenant may pursue in order to delay or halt a lease termination: Landlord Violation of the Lease: The tenant may be able to claim that the landlord broke the terms of the contract first. However, the tenant would need sufficient evidence to prove this defense;

What is a lease contract?

Leases are contracts which legally bind both sides. This means that tenants may wish to terminate a lease before the landlord does. A tenant may enforce a termination of lease agreement under the following limited circumstances: Periodic Tenancy: An example of periodic tenancy would be a month to month lease.

What happens if you break a lease?

If you break a lease without the legal grounds to do so, you may be required to pay an early termination fee. Depending on the terms of your lease, there may or may not be a penalty for terminating a lease. An example of this would be having to pay the rent for the remaining months on your lease.

What happens when a landlord evicts a tenant?

If a landlord wishes to evict a tenant, they must follow the very strict procedural rules of the state and, if in a rent controlled market, the city. When rent goes unpaid and the landlord is unable to contact the tenant, it could seem that the tenant has abandoned the property without notice. If the landlord suspects that a tenant has abandoned ...

Can a landlord terminate a lease?

The ways in which a landlord may terminate a lease agreement with a tenant will vary from city to city. Generally speaking, a landlord can terminate the lease of a tenant in one of the following ways: Periodic tenancy, such as a month to month lease, can be terminated by either the landlord or tenant for almost any reason.

Can a landlord take legal action against you for breaking a lease?

In some especially serious cases, a landlord may take legal action against you for breaking your lease. Some steps tips to consider when terminating a lease include, but may not be limited to: Read your lease thoroughly in order to determine their protocol for terminating the lease or what penalties you may face;

What does it mean to lease an apartment?

Leasing an apartment is another way of saying you are renting out an apartment. The lease is simply the name of the legal document that outlines the terms of the rental arrangement.

Why do landlords use apartment leases?

Landlords and their tenants often use Apartment Leases for the purpose of documenting the details of a new tenancy. Signing this contract can help everyone to avoid possible disagreements. You can... Read More

Can you start from scratch with Rocket Lawyer?

The good news is that you do not have to start from scratch when putting your agreement in writing. With Rocket Lawyer, any landlord is able to make a free Apartment Lease with ease. Your contract will be assembled section by section, so you can be certain that it has all of the relevant information within.

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.

How long does it take to terminate a lease?

If a tenant is the victim of or the parent or guardian of a victim of specific crimes related to sexual abuse or stalking that occurred within the previous 6 months, they can terminate their lease early by providing documentation of the offense and 30 days' written notice to move out to the landlord.

When breaking a lease is justified in Texas?

On this page from the self-help publisher Nolo, the "When Breaking a Lease Is Justified in Texas" section summarizes Te xas laws that give a tenant the right to end their lease early.

What happens if a tenant dies during a lease?

If the tenant dies during their lease, a representative of their estate can provide written notice to the landlord under Section 92.0162 of the Texas Property Code to end responsibility for future rent under the lease. For complete details of what must happen to terminate a lease under this law, please read the section in its entirety.

How to terminate a lease in Texas?

According to Section 91.001 of the Texas Property Code, a month-to-month lease may be ended by either the tenant or the landlord. Once they notify the other party, the tenancy ends on whichever of the following is later: 1 The day stated in the notice; or 2 For rental periods of at least one month, one month after the day notice is given. For rental periods of less than one month, "the day following the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rent-paying period."

What is a month to month lease in Texas?

Month-to-Month Leases. According to Section 91.001 of the Texas Property Code, a month-to-month lease may be ended by either the tenant or the landlord. Once they notify the other party, the tenancy ends on whichever of the following is later: For rental periods of at least one month, one month after the day notice is given.

What is the Texas Penal Code for terminating a lease?

Section 91.003 of the Texas Property Code allows a landlord to terminate a lease if their tenant has been convicted of an offense under Chapter 43 of the Texas Penal Code if:

What is the day after the expiration of a rental?

The day stated in the notice; or. For rental periods of at least one month, one month after the day notice is given. For rental periods of less than one month, "the day following the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rent-paying period.". ...