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.
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Mar 20, 2009 · If you successfully sue a landlord who breaks these rules, you may find that the landlord will be ordered by the court to pay your attorney fees and court costs, because the privacy statute...
Jun 20, 2018 · “The courts have said that if a successor loses a case, they’re not bound by lease, so even if it has an attorney’s fees clause, the landlord will not collect legal fees,” Himmelstein says. “However, if the successor wins the case, it means that they inherit the lease and take over the tenancy with all the benefits and obligations, and they can collect their fees.”
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...
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...
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...
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...
Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighbor...
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...
Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring re...
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...
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.
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.
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 hands—for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions—consider hiring a lawyer.
If you have renter's insurance, your insurance company will cover the loss and its lawyers will then seek reimbursement from your landlord. 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.
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.
Yet the basic rule—that deposits should be used only to cover damage beyond wear and tear, needed cleaning, and unpaid rent —isn't hard to understand. Still, landlords routinely use the deposit to cover appliance upgrades, cosmetic improvements and other refurbishing, not repairs.
By Janet Portman, Attorney. Being a successful landlord requires lots of practical know-how, business moxie, and familiarity with the market. It also requires knowledge of the law: Federal law and many states' laws closely regulate nearly every aspect of your business. Not knowing the rules can land you in legal hot water.
So-called "standard" forms you'll find for free (or even those being sold) on the internet probably aren't compliant with the laws in your state. If you use a form lease that short-cuts tenants' rights, you could find yourself at the losing end of a lawsuit because of an unen forceable lease clause. On the other hand, some standard forms actually impose greater obligations and restrictions on you than your state's law does! (For example, some forms require landlords to return security deposits within ten days, which is shorter than any state's deadline for returning security deposits .) The best lease or rental agreement forms comply with not only federal law, but also with your state's specific landlord-tenant laws.
Thorough tenant screening is the most important part of your business— if you choose poorly, you're more likely to end up with tenants who don't pay the rent, trash your place, or worse. But there are limits to what you can ask potential tenants.
Many landlords try to exclude families from their rentals because they believe children cause more wear or because they prefer a more "mature, quiet" environment. These practices aren't justifiable business decisions, though—they are examples of illegal familial status housing discrimination, plain and simple. While landlords are permitted to limit the number of residents in a unit (in most situations, two occupants per bedroom), landlords cannot apply that standard differently when dealing with families. The cost of implementing policies that discourage families from living in your rentals can be a trip to your lawyer's office to deal with a fair housing complaint.
Late fees can be a powerful tool to motivate tenants to pay the rent on time. And while a higher fee can be a better motivator, some landlords cross the line, by setting fees that bear little resemblance to the actual damages they suffer when tenants pay late.
Keeping a two months' rent deposit and re-renting within a month is not legal.
Pay Tenant for Repairs. There are two separate situations where a landlord may have to pay a tenant for repairs. This includes directly reimbursing a tenant for repairs and indirectly collecting less rent when a tenant makes a repair and deducts it from their rent.
A tenant is usually responsible for paying money to a landlord. This is usually in the form of monthly rent. There are situations in the landlord-tenant relationship where a landlord will actually be responsible for paying a tenant. Here are seven times a landlord has to give a tenant money.
One method that a landlord will use to try to get a tenant out quickly is commonly known as “Cash for Keys.” This approach does not involve the court. It is between landlord and tenant. A Cash for Keys approach is more common in a situation where: 1 The tenant is not paying their rent 2 The tenant’s actions are costing the landlord money—Such as damaging the property. 3 Landlord just purchased rental property and wants to get existing tenants to move.
Evicting a tenant can become a very long, drawn-out process. While the exact steps will vary by state and local, the typical steps to evict a tenant include: 1 Having a Valid Reason to Evict the Tenant 2 Sending the Tenant a Notice to Quit 3 Filing a Formal Eviction With the Court 4 Waiting for Court Date 5 Preparing Evidence to Support Eviction 6 Attending Court 7 Landlord Being Awarded Eviction or Tenant Granted Stay 8 If Evicted, Tenant Has to Move by Set Date 9 If Tenant Does Not Move, Wait for Marshall to Lock Tenant Out 10 Sue Tenant For Damages
Reimburse Tenant for Repairs. There are certain situations where a landlord is unable to make a repair at the rental property. It could be off-hours, the landlord may be out of town, travel may be limited due to severe weather or another extenuating circumstance could be to blame.
If the state where your rental property is located has such a limit and you collect more than this amount, you will have to pay your tenant back the additional amount you collected.
In Cash for Keys, the landlord will offer the tenant an incentive, in this case, cash, to move out of the rental unit quickly. Explain to the tenant that they have broken the terms of the lease and you will be filing to evict them.
If your landlord isn't fixing something that they are definitely required to fix, you can stop paying rent to force them to make the repair. This is called "rent withholding.". There are some general guidelines you should understand, but if you're serious about withholding rent, choose your state from the dropdown menu to figure out ...
A strained relationship with your landlord can make your life difficult. They might even get so upset that they evict you for non-payment. As long as the problem in your apartment was clearly your landlord's responsibility, the courts are likely to halt any eviction proceedings. But you'd still need to go to court.
You can stop paying rent until your landlord makes a repair—as long as the issue is serious and clearly their responsibility. If your landlord isn't fixing something that they are definitely required to fix, you can stop paying rent to force them to make the repair. This is called "rent withholding.". There are some general guidelines you should ...
Many landlords use large late fees to deter tenants from paying their rent late, but fees that are too large may not hold up in court. An example is when your landlord charges a $75 late fee and an additional $50 for every day thereafter. You can take yours to small-claims court, which may decide if the fees are excessive.
Most renters understand the common-sense basics of a landlord overstepping their authority. They cannot raise your rent in the middle of the lease, evict you because they wants to move someone else in, or refuse to make a necessary repair.