what are of law is a tenants attorney

by Clarabelle Mertz III 7 min read

A tenant attorney will help resolve any dispute between you and your landlord by interpreting the lease agreement and either representing you in a lawsuit or advising you on your next steps.

A tenant attorney will help resolve any dispute between you and your landlord by interpreting the lease agreement and either representing you in a lawsuit or advising you on your next steps. ... Rocket Lawyer is not a law firm or a substitute for an attorney or law firm.

Full Answer

What is a tenant lawyer?

The more you know the law and your legal rights, the better. The Tenant Rights section of the U.S. Department of Housing and Urban Development (HUD) website provides a wide variety of state and local resources, including links to fair housing groups, rent control boards, tenant unions, and legal aid organizations for each state; even if you don ...

What is tenant law?

Landlord-tenant law is a unique facet of real estate law. Landlord-tenant lawyers deal with the relationship between property owners (landlords) and renters of that property (tenants). These attorneys may represent landlords or tenants.

What are tenants rights?

What Does a Tenant Lawyer Do? A tenant lawyer will represent you in any disputes you have with your landlord. Your lawyer can also review your lease with you to make sure you understand and agree with it. How Do You Know If You Need a Tenant Lawyer? You may need a tenant attorney if you are dealing with any of the following:

What is a tenant landlord dispute?

A Landlord/Tenant Lawyer Can Help. 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.


What type of law is tenancy?

The tenancy agreement is a contract between you and your landlord. ... Both you and your landlord have rights and responsibilities given by law. The tenancy agreement can give both you and your landlord more than your statutory rights, but can't give you less than your statutory rights.

What are my rights as a tenant?

keep the property reasonably clean and tidy. let the landlord know about any damage or repairs straight away. pay for their own outgoings eg, electricity, gas and internet. use the property mainly for residential purposes rather than business activities.

Can I sue my landlord for emotional distress?

Can I sue my landlord for pain and suffering? As part of a personal injury claim, you could be compensated for any pain or suffering you were caused to experience as a result of your landlord's failings. This includes physical and psychiatric harm, as well as financial losses.Jul 1, 2021

What a landlord Cannot do?

Landlords cannot enter tenanted properties without giving proper notice. Landlords cannot arbitrarily end someone's tenancy before the lease expires. Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.

What are a landlords legal responsibilities?

Landlord's responsibilities repairs to the structure and exterior of the property, heating and hot water systems, basins, sinks, baths and other sanitaryware. the safety of gas and electrical appliances. the fire safety of furniture and furnishings provided under the tenancy.

Is a landlord responsible for tenants Behaviour?

As a landlord, you're not technically liable for nuisance tenants or occupiers of your property. However, you may be liable if you've allowed the tenants to cause the nuisance or if, when renting out your property, you were aware that nuisance was inevitable or almost certainly going to occur.Aug 27, 2019

What are examples of emotional distress?

Emotional distress examples include fear, anxiety, crying, lack of sleep, depression and humiliation. You might use your own testimony, testimony from family and friends and journaling of your symptoms over time to show the emotional impact of the accident.

How do I make a claim against my landlord?

You can make a formal complaint by writing a letter to your landlord. Explain your problem and what you want them to do to solve it. Tell them what rights you have and what you think they should have done. Talk to an adviser at your nearest Citizens Advice to find out what rights you have.

Can I claim for distress and inconvenience?

There is a long line of case law which has established that a Claimant is entitled to general damages for distress and inconvenience suffered as a result of a breach of contract (see Watts v Morrow, Ezekiel v McDade, Hoadley v Edwards).

What landlords should avoid?

These are some of the most common mistakes made by landlords and what you can do to avoid making them with your properties.Insufficient Insurance Coverage. ... Insufficient Tenant Verification. ... Expecting A Consistent Income. ... Ignorance Of Tenants' Rights. ... Disregarding Tenants. ... Failing To Enforce Leasing Terms.More items...•Sep 10, 2021

Can a landlord evict you for no reason?

So let's start with the good news: No, a landlord cannot evict you for no reason. Eviction is a legal process, and your landlord saying they want to evict you — without a legal reason to back it up — is not going to be able to get the eviction approved in court. ... Your lease ends and your landlord does not want to renew.Mar 7, 2019

Can a landlord evict you without a court order?

No-one can be evicted without an order of a court. ... The law does not permit arbitrary evictions. This means that before you are evicted there must be a court order. A court must consider how the eviction will affect the people who will be evicted and evictions cannot be done without good reasons.Apr 26, 2018

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...

Education Required to Become a Landlord-Tenant Lawyer

Like all attorneys, landlord-tenant lawyers must have a Juris Doctor degree, preferably from an American Bar Association-accredited law school, and pass the bar examination in whatever states they intend to practice.

Job Description & Skills Required for a Landlord-Tenant Lawyer

Landlord-tenant lawyers may litigate a variety of different matters, and may represent landlords or tenants. Legal issues that landlord-tenant lawyers often face include, but are not limited to:

Landlord-Tenant Lawyer Salary & Job Outlook

The U.S. Department of Labor’s Bureau of Labor Statistics (BLS) says that the average lawyer in the U.S., no matter their specialization, was making of $122,960 per year as of May 2019. Law Crossing quotes the average national salary for landlord-tenant lawyers at $118,300 as of 2020.

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.

What does a tenant attorney do?

A tenant attorney will help resolve any dispute between you and your landlord by interpreting the lease agreement and either representing you in a lawsuit or advising you on your next steps. If your tenant attorney is only reviewing your lease, you can expect to feel comfortable that the agreement between you and your landlord is legally binding ...

Can a landlord sue you for a security deposit?

Your landlord is suing you. Some security deposit disputes can be handled on your own in small claims court, but if you're confused about the process, you may want to consult with a tenant attorney to help guide you through the steps.

What are the legal issues with landlords?

Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. These often include: 1 Landlord/tenant disputes, such as those related to rental rates, late or unpaid rent, security deposits, disagreements about the habitability of rental property, and other tenant rights and landlord rights issues. 2 Eviction, either seeking to evict a tenant or helping a tenant fight eviction and stay in their home (especially during times where additional tenants' rights/renters' rights are in effect, such as the COVID-19/coronavirus pandemic). 3 Rental agreements and lease agreements, including initial drafting and review of rental contracts, updates to the terms of the lease, and other contract-related matters. 4 Discrimination claims, including those related to housing discrimination on the basis of race, national origin, sex, religion, disability or other classification protected under the federal Fair Housing Act or other state or local ordinances. 5 Commercial real estate matters, from negotiating an initial commercial lease to litigating business disputes related to the lease or other issues. 6 Personal injury claims, if a property is not kept safe and in proper repair and someone is injured as a result. 7 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 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 is landlord tenant law?

Landlord/Tenant law covers all aspects of renting a property. Lawyers can help landlords create an enforceable lease without any illegal provisions. Landlords will probably find landlord tenant attorneys and invaluable source of information regarding the laws for security deposits, repairs and maintenance, and eviction.

Which cities have rent control laws?

Additionally, many cities have special renting laws that only apply within city limits. San Francisco, Los Angeles, and New York City have rent control laws in place that set limits on how much a landlord can charge for rent, but most other cities within California and New York have no such laws in place.

Is renting a property a business?

Small Business: Some people may find it useful to think of renting properties as a business enterprise. Criminal Law: Landlords have a responsibility to keep crime out of their rental properties. A basic understanding of crimes and the criminal process is necessary to fulfill this responsibility.

What is security deposit?

Security Deposit: Money that the landlord holds for the tenant and uses to repair damage to the rental unit. Eviction/Summary Process; The process by which a landlord may remove a tenant from a rental unit.

What are the legal issues landlords face?

Personal Injury: Landlords have a responsibility to keep the land around their rental units safe. Poorly maintained property may injure tenants and their guests, who may be able to sue the landlord. Toxic Chemicals Litigation: Some properties may expose their occupants to toxic chemicals, such as lead or asbestos.

How to terminate a tenancy in common?

There are several different ways to terminate a tenancy in common. Although tenancy in common laws may vary by state, tenants in common may terminate the tenancy in one of the following ways: 1 By an agreement between all tenants in common; 2 By a court-ordered partition, which is either a physical division of the land or a partition by sale; or 3 By ouster, meaning any act which unlawfully deprives a tenant in common of their share of the property.

What is tenancy in common?

It is a form of real estate title wherein more than one person possesses a share of a property. A tenancy in common is the most favored form of joint possession. The tenancy in common is formed when the tenants in common have unity of possession, or, in other words, share the property together. Two or more of the tenants in common each possess ...

Is there a right of survivorship in a tenancy in common?

There is no right of survivorship in a tenancy in common, unlike in a joint tenancy. The majority of jurisdictions presume that property that is held by more than one individual is a tenancy in common arrangement. The majority of courts presume that a devise to two or more unmarried persons creates a tenancy in common.

What is a co-tenant agreement?

An agreement with the other co-tenant (s) to sever a tenancy in common makes each co-tenant the sole owner of their share of the property. It is important to note that it may be difficult to divide property into shares that reflect the value of the percentage owned by each co-tenant.

Can a married couple sell their property?

Married couples purchasing property are presumed to own the property as tenants by the entirety, unless otherwise specifically stated in the deed. One of the tenants by the entirety cannot transfer or sell their interest in the property without express written consent from the other tenant.

What is partition in kind?

Partition in kind is a physical division of the property determined by the court. If it is not possible to equitably divide the property, a partition by sale will occur. In a partition by sale, the court forces the sale of the property and each co-tenant receives their share of the profits. A tenancy in common may also be terminated by ouster which ...

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 are some examples of uninhabitable conditions?

Examples of what may be considered uninhabitable fall into two general categories: Unsafe conditions (can include necessary repairs taking too long) A substantial infestation of vermin (such as rats) Federal law also requires all rental housing to be free of lead-based paint.

Do you need to know your rights as a tenant?

Tenants (also referred to as "renters") need to know their rights when entering into a rental agreement. This area of law is essential to renting an apartment or house. You need to understand the landlord-tenant laws in your state to know your rights.

Can a landlord enter your home?

You Have Rights to Privacy. Just because your landlord manages your rental unit does not mean they can enter your home at will. The one exception is an emergency, like a fire or gas leak. Landlords cannot enter for suspected domestic violence but can call the police.

Can you have a pet in a lease?

If you are permitted to have a pet, it needs to be written in the lease agreement. Landlords can legally charge an additional "pet deposit" to pay for any of the possible damage done by a pet, such as carpet stains or scratched doors. If you are involved in a landlord-tenant dispute, you have rights.

Danielle Fenichel

A person does not have to have a written lease with you, or even pay you rent, in order to be considered a tenant. Given how long he has been residing with you, you would definitely need to take legal action if you wanted to remove him from your home. It would be best to consult with an attorney to discuss your specific situation.#N#More

Steven Warren Smollens

Dear Beacon Home Owner:#N#Your family friend has sufficient legal status in your home based on the information you provided to require a tenancy termination notice for you to start a legal eviction lawsuit. Generally, a person occupying a dwelling for thirty or more days is a tenant...