Whether you're a tenant suing your landlord or you're a building owner contemplating a lawsuit, it's important to understand how the situation might unfold. An experienced attorney can guide you through a dispute to help you achieve the desired resolution. No matter which side you're on, learn whether you need a landlord-tenant lawyer.
If you're considering suing your landlord, a lawyer can help in a number of ways. For instance, if you're faced with an eviction, a lawyer can help you craft potential defenses in order to stop the eviction.
A landlord-tenant lawyer will also be able to determine whether your landlord is following the appropriate legal procedures to carry out the eviction. If the landlord has locked you out, threatened you, or otherwise isn't following due process, a lawyer can help you uphold your rights while putting a stop to the situation.
You can also seek legal help in suing a landlord for failing to uphold maintenance or repair obligationsland outlined in your lease agreement. If your landlord won't repair your apartment's faulty heating system or fix a broken window, for instance, an attorney can help you pursue a lawsuit in order to complete the repairs. If you get injured or become ill from the rental property itself, an experienced attorney can also help you build your case.
Depending on your situation as a tenant, hiring a lawyer can be a smart move, especially if you've been injured or your landlord has evicted you without proper procedures. While hiring a lawyer can be expensive for many tenants, some legal professionals serve as advisors who can provide a few hours of legal help at an hourly rate.
Some lease agreements refer to landlord-tenant disputes and associated legal fees. Though these clauses primarily exist to protect landlords against lawsuits, this language can also help tenants recoup legal fees if they win a landlord-tenant lawsuit.
If you're contemplating suing a tenant, it's important to familiarize yourself with the landlord-tenant law process. Even if you think you have a clear-cut eviction case, tenants' rights often win in court. When you're evicting a tenant, a lawyer can increase your chances of winning a case, especially if there are extenuating circumstances like rent control or bankruptcy.
An attorney can also help when you're the target of a lawsuit. For instance, if a tenant sues you for neglect that caused personal property damage, a lawyer can coach you through the case. Similarly, you'll also want to consult with a lawyer if you're being sued for a tenant's personal injury on the rental property. Since both of these situations can get complicated, landlords generally get the best results when they have legal help.
Landlords who are new to the job or have no experience with evictions often benefit from legal guidance the most. Carrying out evictions by the book couldn't be more important, but the laws pertaining to evictions and due process vary from state to state. A landlord-tenant lawyer can walk a landlord through the process to make sure no legal repercussions arise.
Even experienced landlords may need a lawyer in some situations. If the tenant hires a lawyer to take on a landlord-tenant dispute, landlords will benefit from hiring an attorney to protect their interests.
Not all landlord-tenant disputes require legal intervention. Level-headed discussions and negotiations can resolve many tough issues. Whether you're a landlord or a tenant, approach the situation by setting up a time to discuss the issue at hand and allowing both sides to express their concerns.
Ideally, both parties will find a way to resolve the problem without escalating it to a legal matter. Once you've agreed upon a reasonable solution, be sure to get the details down in writing, have both parties sign the document, and keep multiple copies.
Relatively straightforward evictions don't generally require a lawyer, but more complex situations often do. Landlords facing lawsuits for illegal discrimination should consider hiring a lawyer, especially if the case isn't crystal clear. Since the penalties can exceed $10,000, it's generally in the landlord's best interest to get a lawyer involved.
Tenants who suffer injury or illness as a result of their rental property should also consider getting a lawyer involved. Since personal injury cases can quickly become complex, they're best handled by an experienced legal professional.
If the situation continues to escalate, you might opt for mediation instead. Many communities can recommend neutral mediators for landlord-tenant disputes who can help the two parties come to an agreement. This method typically works best when both the landlord and the tenant are well-intentioned and want to achieve a reasonable resolution.
Whether you're approaching a dispute from a landlord or tenant perspective, attempting negotiations and mediation first often yields positive results. If you need more guidance, reach out to a local landlord-tenant lawyer.