what attorney do you need for a housing court issue

by Prof. Nicklaus Torphy 6 min read

Housing laws can often involve some serious legal disputes and issues. You may need to hire a qualified property or real estate lawyer if you have any legal disputes or concerns. Your attorney can provide you with guidance and legal representation if you need help with any issues.

Full Answer

Do I need a property lawyer for a housing lawsuit?

Aug 14, 2018 · Housing laws can often involve some serious legal disputes and issues. You may need to hire a qualified property lawyer if you have any legal disputes or concerns. Your attorney can provide you with guidance and legal representation if you need help with any issues. Also, if you need to appear in court, your lawyer will be able to inform you of your legal options and …

Do I need a lawyer to file a fair housing complaint?

Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. These often include: 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.

What does a housing attorney do?

One option is to hire a lawyer to sue the landlord in court. Another option is to file a fair housing complaint with the Department of Housing and Urban Development (HUD), or a state or local agency in HUD's Fair Housing Assistance Program (FHAP). HUD and state and local agencies in FHAP receive over 10,000 discrimination complaints a year.

Why do I need a property lawyer?

What a Landlord & Tenant lawyer can do for you 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, …

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How do I file a complaint against an apartment complex in Texas?

You can submit a complaint online, or you can call their office at (512) 463-2642 or toll-free (Texas only) at (888) 452-4778.Apr 8, 2022

How do I sue my landlord in NYC?

Go to Housing Court and tell the Clerk that you want to start a Harassment case. You will fill out a Petition, and pay the court fee. Your Petition should list how the landlord/owner is trying to force you to leave.

What is an attorney called?

A lawyer (also called attorney, counsel, or counselor) is a licensed professional who advises and represents others in legal matters. Today's lawyer can be young or old, male or female.Sep 10, 2019

What is an attorney in the UK?

Lawyer is a general term referring to anyone who is qualified to give legal advice as a licensed legal practitioner. This includes solicitors and barristers. Solicitors provide legal support, advice and services to clients, who can be individuals, private companies, public sector organisations or other groups.

How do I report a landlord for negligence?

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.

Is NYC landlord tenant court open?

New York State courts are open and offering limited in-person assistance for health and safety reasons. New York City Housing Court is currently open for emergency cases, including if you: Are locked out of your home without a court order. Need emergency repairs.

What's the difference between lawyer and attorney?

A lawyer is an individual who has earned a law degree or Juris Doctor (JD) from a law school. The person is educated in the law, but is not licensed to practice law in Pennsylvania or another state. An attorney is an individual who has a law degree and has been admitted to practice law in one or more states.May 9, 2020

Can we argue in court without lawyer?

Yes. You have the right to fight your own cases without engaging any advocate. It is not necessary that you must engage an advocate to fight your case in a court. A party in person is allowed to fight his own case in the court.Jul 9, 2015

What are the four responsibilities of lawyers?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...

What three decisions Cannot be made by a legal power of attorney?

You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.

What are the 3 types of power of attorney?

Here are examples of the types of Alberta POAs that you may need:Specific Power of Attorney. A specific power of attorney is the simplest power of attorney. ... General Power of Attorney. A general power of attorney is used to give a very broad term of use to the attorney. ... Enduring Power of Attorney. ... Durable Power of Attorney.Feb 1, 2022

How do I know if I want to be a lawyer?

You work well with others. That's right—being a lawyer means working with people! ... You can persuade others. The ability to persuade=the practice of law. ... You are independent and self-disciplined. ... You can endure the grind. ... You don't take things at face value. ... You must be able to network.Sep 9, 2019

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 issues with a tenant?

The top five issues are: gross neglect of maintenance, with no proof the apartment was good at the beginning of the tenancy; severe infestations, so bad the rodents are biting the tenants; breach of “quiet enjoyment;” attempting your own eviction; and security deposits.

Why is discrimination not working with tenants?

Attorney Feldman said discrimination is deciding not to work with a tenant because of their being in a “protected category.” Federal law defines protected categories (like race) and state law adds more categories that are not so obvious.

Is a rental agreement a legitimate contract?

Attorney Feldman said it’s rare to see a dispute over the contract. A rental agreement is “a legitimate contract” and usually the meaning is not contested. The dispute is usually over what really happened.

Why do landlords have attorneys fees?

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.

What to do if 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 harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What is tenant rights?

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 ;

What to do if landlord refuses to honor promise?

If the landlord later refuses to honor the promise, you might need to hire a lawyer to write a stern letter to your landlord, with a reminder that landlords can be held liable for some criminal activities at their rentals, and threatening a lawsuit unless the landlord follows through.

What to do if landlord serves termination notice?

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.

What happens if a landlord doesn't maintain the property?

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.

How to evict a landlord?

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. These types of "self-help" remedies are illegal. No matter how strong a landlord's case may be for ending a tenancy, a landlord doesn't have the right to take, or even threaten, any self-help actions against you.

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, ...

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 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 is the job of a lawyer?

Lawyer – Someone whose job is to give advice to people about the law and speak for them in court. Liability – An obligation to do, to eventually do, or to refrain from doing something; money owed; or according to law one's responsibility for his/her conduct; or one's responsibility for causing an injury.

How to check if you qualify for free legal assistance?

The fastest way to see if you qualify for free legal assistance in a housing matter is to call The Legal Aid Society neighborhood office in your borough: If you are homeless, call the Homeless Rights Project helpline at 800-649-9125 Monday – Friday 9 a.m. – 5 p.m.

What is the phone number for foreclosure in Queens?

If you are a homeowner facing foreclosure, call the Foreclosure Prevention Project at 718-298-8979 for Queens and 646-340-1908 for the Bronx. Please leave a message with your name and phone number and we will return your call within 24 hours. Due to COVID-19 our offices and court walk-in clinics are currently closed.

What do you need to know about foreclosure?

What You Need to Know About Foreclosure As a Tenant. In New York State, a lender must start a legal action in Supreme Court and get a court order to foreclose against an owner who has not paid the mortgage.

What is evidence in court?

Evidence – A form of proof or probative matter legally presented at the trial of an issue by the acts of the parties and through witnesses , records, documents, concrete objects, etc., for the purpose of inducing belief in the minds of the court or the jury.

What is the difference between a lawyer and a clerk?

Attorney – A person admitted to practice law and authorized to perform criminal and civil legal functions on behalf of clients. Clerk – An official or employee of the court who maintains the files of each case, and issues routine documents. Defendant – In a civil matter, this refers to the individual being sued.

What is a lien in a divorce?

Lien – A claim on specific property for payment of a debt. Maintenance – Repair and upkeep in housing. OR Money or other financial support awarded to a spouse in a divorce action for his or her separate support. Also called spousal support or alimony.

Who can be involved in a property dispute?

Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);

What are the remedies for property disputes?

Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions.

How to resolve a dispute with a neighbor?

Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.

What are the responsibilities of a HOA?

Homeowner Association Responsibilities: Which may bring up questions of whether the HOA is responsible for maintenance and upkeep of some elements of the neighborhood. Utility Easements: Sometimes homeowners may not realize whether or where utility easements are located on their property.

What is a property dispute?

A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...

How to resolve boundary disputes?

Often, boundary disputes can be resolved at least in part by having a proper survey conducted on the property (especially if you’re planning on putting in a fence). Other property disputes may become more complicated, especially when you start running into issues questioning ownership.

Can a city be part of a property dispute?

It can be important to keep in mind that cities and municipalities can be part of a property dispute. Cities have the ability to own property, and often have agencies that regulate property or issue building permits (such as a city or town planning department).

Who enforces fair housing laws in Texas?

For instance, in Texas, the Texas Workforce Commission is responsible for enforcing the state’s fair housing act. After finding the right state agency, you can contact the agency directly or visit the agency’s website to find out about how to file a complaint. Usually a county or city agency enforces local fair housing law.

What department is responsible for fair housing?

Determining which laws apply to the facts of your case isn’t something you need to do on your own. The U.S. Department of Housing and Urban Development (HUD) has a list of federal fair housing resources as well as a list of state and local fair housing resources.

Why do people file lawsuits?

A major one is money. When federal and state governments pursue fair housing complaints, their main goal is to root out discrimination—not to seek payment for the people harmed.

Can you file a private suit against HUD?

Housing discrimination victims can often file a private lawsuit in addition to filing a complaint with HUD or the relevant state or local agency. Because filing a private suit requires knowledge of the law, court system, and procedure, it’s a good idea to consider hiring an attorney to represent you.

Can you sue someone for housing discrimination?

Victims of housing discrimination don’t have to pursue their claims with a government agency. If you experience housing discrimination, you have the right to sue whoever discriminated against you in a state or federal court. Which court you sue in depends, of course, on the law that applies to your situation.

Can you ask a tenant if she is pregnant?

Other violations are less obvious, such as asking a potential tenant if she is pregnant or not allowing a service animal due to a “no pets” policy. Many states, counties, and cities also have their own antidiscrimination laws. At a minimum, these laws prohibit the same types of discrimination as the FHA.

Can you file a complaint against a victim of housing discrimination?

In fact, a victim of housing discrimination might be able to file a complaint at more than one level. Federal law—specifically, the Fair Housing Act (FHA)—prohibits discrimination based on: race. color. religion. sex. disability. familial status, and. national origin.

What to do if landlord says you broke rental agreement?

For instance, if your landlord is claiming that you broke your rental agreement by having a pet in your apartment, you’ll need to show the court proof that you didn’t have a pet in the apartment. You might need a witness to testify that you didn’t have a pet, or pictures to show that there was no pet-related damage to the apartment.

Do you have to be a lawyer to file an eviction?

In many states, however, evictions are filed in regular courts, which are governed by various rules and procedures under your state’s tenant laws. If you are appearing in court for eviction or any other lawsuit, you are held to the same standard as a lawyer. In other words, you are responsible for following all procedures, just as if you were a lawyer.

Can a landlord evict you if you don't serve the eviction notice?

Landlords are required to follow certain rules for evicting tenants. For instance, if your landlord doesn’ t properly serve you the eviction notice, the court shouldn’t evict you. If you’re not a lawyer, you’re likely not aware of these rules, and your landlord may get away with wrongfully evicting you. A judge also can’t give you legal advice about how to handle an eviction, so you’re totally on your own if you don’t know what to do in court.

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