what is it called if you need a defense attorney as a landlord

Do I need a lawyer for a landlord tenant law case?

Landlords sometimes need attorneys to help draft, review, or interpret leases and to help with lease negotiations or lawsuits. Landlords are not just advocates, they are also local experts on landlord-tenant laws and regulations. If you are at your wits end dealing with a problem tenant, a landlord attorney can help you decide whether or not an ...

What is landlord tenant law?

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.

What does a lawyer do for rental property owners?

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.

How do I find a lawyer for a landlord-tenant case?

Oct 10, 2021 · For this, you can take the help of a landlord tenant lawyer. You need to follow the given steps to evict the tenant legally: Give the tenant written notice. The eviction notice must be as per the state’s termination statute. In case the tenant does not move, as a landlord, you are allowed to file a lawsuit called unlawful detainer (UD).

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 happens if your landlord doesn't fulfill your lease?

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 landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to fix a broken window until a burglary occurs.

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 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 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.

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.

Raising the rent without prior notice

Landlords have the right to receive timely rent and to have the property managed and maintained by a responsible tenant and rent increase is a part of this right. Without any rent control regulation on the contract, the limitation on the amount is also evicted. However, as a landlord, you cannot increase the rent without prior notice.

Evicting the tenants

As a landlord, you need to be aware of the fact that you cannot begin an eviction lawsuit without legally terminating your tenant. For this, you can take the help of a landlord tenant lawyer. You need to follow the given steps to evict the tenant legally:

Discriminating them on any behalves

As a practical matter, tenants’ rights are protected like buyers’ rights by federal regulations such as the Fair Credit Reporting Act. Without this, landlords are generally unable to post tenant information. You should also be aware of anti-discrimination and fair housing legal regulations at the city, state and federal levels.

Keeping an eye on your tenants

A landlord is responsible for the tenant’s safety which requires them to provide certain safety measures to their tenants. Thus, the landlord should be aware of the repairs that need urgent care.

Interfering in their personal affairs

As a landlord, it is your duty to make sure that the rental property is safe and your tenant’s privacy is maintained. All utilities such as plumbing, gas, heating and other fixtures must be in working condition.

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 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 landlord tenant law?

Landlord/Tenant Law encompasses most of our cases, both inside of court and outside. We represent both Landlords and Tenants in Commercial and Residential Disputes and Evictions. With over 12 years experience in the Tampa Bay, our Landlord/Tenant Attorney is ready to fight for you!

What is the phone number to report a landlord to the county housing code enforcement division?

We may be able to help you. Please call our office at (813)314-2475 to schedule a free initial consultation to speak with a landlord/tenant lawyer.

What is the phone number to contact a landlord?

If you have a dispute with your landlord please call our office at (813) 314-2475 to obtain a quote and schedule a free initial consultation with a Landlord/Tenant Attorney, and learn what your legal rights are.

What is the triple damages for shutting off a utility in Florida?

This means that if the landlord knowingly or unknowingly is responsible for the shutting off of a power, water or gas utility, you will be entitled to three times the monthly rent by your landlord.

How long does it take for a sheriff to return?

Sheriff returns for final walk through and/or removal after 24-72 hours. If you are served with an eviction: Step 1. Call us at (813) 314-2475 or kindly fill out our contact form below to schedule a free consultation with a Landlord/Tenant Attorney and to learn what your legal rights and/or legal defenses are.

Can an eviction lawyer move a monetary judgment?

An Eviction Lawyer can move to obtain a monetary Judgment or what is called Count II of the Complaint for Eviction. Non-lawyer Eviction Companies cannot do that. They only obtain a Judgment for Count I of the Complaint for Eviction, which is for the Writ of Possession for the property. So, if you need to go after the tenants for any monies, you will most likely need a landlord/tenant attorney to represent you.

Do landlords have to have an aatorney?

A savvy landlord should always have a Landlord/Tenant Aatorney on retainer, so that if any issues arise, they can be dealt with promptly.

What happens if a tenant refuses to pay rent?

Tenant refuses to pay rent citing repair issues. The landlord constantly receives noise complaints about the tenant. The tenant sends threatening emails or texts to the landlord. The tenant pays rent in large amounts of change. The landlord goes through the proper procedures to raise rent and the tenant refuses to pay or leave the rental.

What are the threats to landlords?

Threats of financial injury, such as reporting to a credit bureau or refusing to provide positive references to future landlords. Physical intimidation and threats of physical violence. Landlord harassment often happens when landlords feel like they cannot wait for proper methods to raise the rent or not renew lease agreements.

What is landlord harassment?

Landlord harassment is when the landlord creates conditions that are designed to encourage the tenant to break the lease agreement or otherwise abandon the rental property that he or she is currently occupying. Landlord harassment is a specific set of behaviors that the law recognizes and landlords can be punished for this kind of activity.

What happens when a tenant shows up at the landlord's house?

The tenant shows up at the landlords home. A tenant assaults the landlord. The tenant refuses to follow parking guidelines. The tenant claims to have sent cash by mail for the rent and refuses to pay rent now.

How much can a landlord be fined for harassment?

In NYC a landlord can even be fined somewhere between $1,000 – $10,000 for harassment.

How long does it take for a landlord to retaliate against a tenant?

The courts automatically recognize such action taken by a landlord (typically within six months) after tenant action as retaliation. Therefore, if the tenant complains, the burden of proof is up to the landlord to show that their actions are not in retaliation for what the tenant has done.

What is a nuisance in rental property?

Creating a nuisance (like loud noise or throwing trash) that disrupts the tenant’s ability to quietly enjoy the rental unit. Deliberate destruction of tenant’s property.

What to do if you are the only tenant leaving?

If you're the only tenant leaving, negotiate with the others or the landlord for early return of your share of the deposit. Landlords have no legal duty to return the deposit until all cotenants leave, so you'll have to try to work something out. Ask to be there when the landlord inspects the unit.

What to do if you are unhappy with your landlord?

If you're unhappy with your landlord's deductions, you don't get an itemization, or the landlord broke state security deposit law in some other way, try to work something out. If you come to an agreement—perhaps the landlord will return some of your deposit if you do additional cleaning—put it in writing and sign it.

How to write a letter to a landlord?

Your demand letter should: 1 Concisely review the main facts and lay out the reasons your landlord owes you money. 2 Include copies of relevant letters and agreements, such as your notice to move out. 3 Ask for exactly what you want, such as the full amount of your deposit within ten days. 4 Cite state security deposit law. 5 Say that you will promptly sue in small claims court if necessary.

How long does it take to get a deposit back from a landlord?

When the Landlord Must Return the Deposit. Most states set a deadline, usually two to three weeks after you move out, for the landlord to mail you the following: an itemized statement as to how the deposit has been applied toward back rent, cleaning, and repairs.

How to get security deposit back?

1. Plan Ahead. Take these steps before you move out to get your security deposit back on time and in full: If you have a month-to-month tenancy, give your landlord the legally-required notice to end your tenancy (30 days in most states). If you don't give proper notice, you could end up owing extra rent, which the landlord can take out ...

What happens if my landlord doesn't respond to my rent?

If your landlord does not respond by your deadline or you're dissatisfied with the response, you can file a lawsuit in small claims court (called Justice of the Peace, Conciliation, Justice, City, or County court in different places).

What happens if you don't give notice to your landlord?

If you don't give proper notice, you could end up owing extra rent, which the landlord can take out of your security deposit. Make a copy of your notice and send it by certified mail, return receipt requested. You'll need this evidence if you end up in small claims court fighting over the deposit.

What happens if a landlord fails to provide safe and livable rental premises?

If a landlord fails to provide safe and livable rental premises, tenants typically have specific legal options. In most states, if the landlord fails to fix a serious problem that makes the rental unit uninhabitable—such as holes or leaks in the walls, unsafe floorboards, or no waste disposal—tenant options include:

What is landlord liability?

Landlord Liability for Unsafe Living Conditions. With few exceptions, tenants are legally entitled to rental property that is in good repair and meets basic structural, health, and safety standards—both when they originally rent the unit and throughout the rental term.

What is a tenant entitled to?

Tenants are legally entitled to rental property that is in good repair and meets basic structural, health, and safety standards. However, tenants may encounter issues with their rental property reducing their enjoyment or making their home uninhabitable.

What are the three conditions for a tenant to be a tenant?

Tenants must usually meet three conditions to pursue one of these legal options: (1) The problem must be serious (such as rats in the kitchen) and imperil the tenant's health and safety.

Can a landlord withhold rent?

Depending on the state and the severity of the problem , tenants have the right to withhold rent, pay for the repairs and deduct the cost from the rent, move out, and/or pursue other legal remedies if the landlord violates their legal responsibility to provide safe and livable (habitable) premises.