Both landlords and tenants want to avoid legal hassles; a successful landlord-tenant relationship depends on both parties knowing and complying with the many state laws that are in place. All states carry their own set of landlord-tenant laws, which is why you need to find out your rights as a tenant or a landlord in your state. In all states, a landlord cannot discriminate against religion, race, sexual preference, age, or any form of discrimination. In all states, a landlord can use your security deposit if you have failed to pay your rent or damaged the property beyond your normal wear and tear. If the landlord decides to keep your security deposit and you disagree with why this is the case then you can take the landlord to small claims court.

If you are a tenant, you will need to be informed about topics such as tenant screening, security deposits, damages vs. normal wear and tear, renter’s insurance, subleasing, breaking a lease, and rent collection. Tenants may also be concerned about such things as no-pets policy, pet deposits, and late charges, as well as the landlord’s right to access the property. If you fall behind on your rent or lease payments you may need to consult an attorney with knowledge of eviction laws and tenant rights.

Landlords need to know their legal rights regarding security deposits, pet deposits, tenant screening, subletting, renter’s insurance, rent collection, late fees, and access to property. In addition to the standard rental laws, landlords need to be informed of applicable laws concerning contracts, eviction laws, tenant rights, and the rights of property owners. The landlord has more to lose than the tenant, because of the value of the property and the chance that the tenant may devalue the property by damaging it or making it inhabitable. Consulting with an attorney who specializes in rental laws is a good idea, as contracts prepared by attorneys experienced in landlord tenant legal services can provide enormous protection for the landlord as well as making sure that the contract is enforceable and complies with the law.

Rental Law

Rental laws are a combination of state statues, common law, federal law, and property law. Landlord-tenant issues for both residential and commercial rentals and leases are governed by these laws. In most states, cases concerning landlord-tenant disputes of less than $5,000 are handled in small claims court. Some states, however, have a district landlord-tenant court to hear such disputes.

It is always advisable to hire a landlord-tenant attorney when contracting for rentals or leases, serving eviction notices, or taking the other party to court to resolve landlord-tenant disputes. Sometimes problems present themselves that don’t necessarily require the hiring of a lawyer, but require obtaining reliable information about your legal standing under rental law. Our experienced rental lawyers can help provide you with the legal advice you need today.

Renter’s Rights

Your landlord or apartment complex has certain responsibilities to you as a renter, including your rights under the Fair Housing Act, your right to a return of your deposit, the obligation to maintain the property, proper access notification, notice of legal rent increases, and elimination of health hazards.

Eviction Laws

Eviction laws are primarily designed to protect the rights of tenants, but the landlord’s interests and rights to reclaim the property are also addressed. In most states, a tenant can be lawfully evicted for failing to pay rent, violating the contract, or expiration of the lease. A landlord who makes an unlawful eviction could be found liable to compensate the tenant for costs in the court of law. To avoid such costs, it is beneficial to consult with an attorney who specializes in rentals or leases to clarify the procedures spelled out by eviction laws.

Leases and Lease Termination

Lease termination can be a complex event that causes tension between the lessee and the lessor, especially when an early lease termination letter is involved. Regardless of the tenant/landlord relationship, things can get sticky when it comes time for one of them to terminate a lease. If you are facing such a situation, you need legal advice to make sure that the lease termination doesn’t cause you grief or result in legal action.

An attorney can ensure that the proper notices are given, that they are given in a timely fashion in accordance with the lease agreement and with renters laws, and that your case, if it goes to court, will be properly documented in your best interests.

Related Posts
Too many people living in single rental unit….what to do?
Defining how many people can live in a rental unit is one of the biggest problems that some landlords have to face. The legally defined specifics vary per state. This ...
READ MORE
Zoning laws – Avoid Zoning trouble
The primordial rule for business location is to never sign a lease for a business zone or space if you are not yet completely sure that you are legally allowed ...
READ MORE
Landlord duties
If you’re a new landlord you have to know that being one is no simple matter. Aside from the identity of you tenants, you also have to be aware of ...
READ MORE
How to fight traffic tickets (Top Strategies)
If you think you don’t deserve the traffic ticket you got, you can exert effort to fight it off. There are certain strategies you can do to successfully fight traffic ...
READ MORE
Legal help while selling your home
Selling a home can bring up a lot of issues and could easily become a maze of processes. To make sure that you get your home’s worth, it would be ...
READ MORE
How to get rid of illegal rent?
There are a lot of abusive landlords out there and you best be careful you wouldn't be robbed off blind by one. When renting a unit, you must get everything ...
READ MORE
Expenses in a DUI case
DUI case or Intoxicated driving is the act of working or generating an automobile while under the impact of liquor or medication to the level that psychological and engine skills ...
READ MORE
How lawyers can help real estate investors or buyers?
In many ways, a real estate lawyer can help real estate investors or buyers more than a real estate agent can. That's because they know all the complexities of real ...
READ MORE
Common Commercial Lease Terms
The commercial lease clauses are the written and binding agreement on the real estate you will rent for your business. It will help you avoid trap and negotiate for bargains ...
READ MORE
Roommate and late rent payment?
Living in a house or an apartment with a roommate can be fun, especially if that roommate is your friend. However, when your roommate pays rent late, your friendship might ...
READ MORE
Too many people living in single rental unit….what
Zoning laws – Avoid Zoning trouble
Landlord duties
How to fight traffic tickets (Top Strategies)
Legal help while selling your home
How to get rid of illegal rent?
Expenses in a DUI case
How lawyers can help real estate investors or
Common Commercial Lease Terms
Roommate and late rent payment?