what kind of an attorney do i need as a a commercial renter

A landlord tenant attorney is one who specializes in the legal issues surrounding landlord and tenant rights and is a valuable resource for you when you need it most. Legal expertise can guide even the most prepared landlord through the challenges of managing your rental property.

Full Answer

Do you need a landlord/tenant lawyer?

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?

A landlord/tenant lawyer can help you win an eviction lawsuit, steer clear of liability, and collect or return a security deposit.

Should I hire a lawyer to represent me in a lease?

Jul 05, 2019 · Because of the complexities involved with commercial leases, it is always a good idea to have an experienced business lawyer review this type of contract. Here are five specific reasons you should have an attorney review a lease agreement: Accuracy

Do I need a lawyer to get reimbursement from my Landlord?

If the tenant has good reason to defend against the eviction notice, then they should hire a qualified attorney to argue on their behalf in court. This can help ensure a more successful outcome due to the legal procedures involved and certain evidence that the tenant may not know to gather themselves.

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...

How Does A Landlord Evict A Tenant?

The landlord must provide the tenant with adequate written notice in a specified way and form, which varies by state. If the tenant does not move,...

What Should The Eviction Notice Say?

State laws set out very detailed requirements for landlords who want to end a tenancy. Different types of notices are often required for different...

Can A Landlord Throw The Tenant and His Belongings Out on The Street?

No. The tenant has a few days to move his things and self out of the space. After that, the police can come and forcibly remove the tenant.

What Happens to My Property If The Eviction Occurs When I’M Not Home?

The landlord has a number of options regarding property after the tenant has been evicted. The landlord can retain and store the property for a fee...

What Defenses Does A Tenant Have Against Eviction?

There are a number of defenses a tenant can use to delay or stop an eviction. These include: 1. Warranty of habitability – The landlord has the dut...

Should I Consult A Lawyer About An Eviction?

Landlord-tenant law is very complicated and constantly undergoing changes. An experienced landlord-tenant attorney can help you identify the law th...

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 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 to do if landlord evicts you?

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.

What happens if you don't have renters insurance?

If you have renter's insurance, your insurance company will cover the loss and its lawyers will then seek reimbursement from your landlord. If you don't have insurance or have inadequate coverage and the damage to your property is substantial, consider hiring a lawyer to help you obtain reimbursement from your landlord.

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 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.

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 do you need an attorney to review a lease?

As we have eluded to in the previous points, perhaps the most important reason to have an attorney review your lease agreement is that commercial leases are usually written by the landlord (or more often their attorney), and this means that the contract will be worded in a way that is most favorable to the landlord.

What is included in a commercial lease agreement?

Important points are usually agreed to, such as monthly rent, square footage being rented, term and renewal periods, security deposits and upfront rent, tenant improvement allowance, and many others. These conditions are often included in a letter of intent (LOI). A tenant should expect the points that were agreed upon and spelled out in the LOI to be accurately reflected in the lease agreement, but this is not always the case. A lawyer can thoroughly review the contract to make sure everything is accurate.

What is the most important contract to sign?

When you are starting a new business or moving to a new location, one of the most important contracts you will need to sign is a commercial lease agreement. Many business owners are under the mistaken impression that commercial leases are similar to residential leases, and that each contract contains pretty much the same language.

How long does a commercial lease last?

Commercial leases typically run for three to five years or longer, and the tenant is usually required to provide a personal guarantee for the entire term of the lease. As personal guarantor, you lose all protection that your business entity may provide (e.g., LLC, Corporation), and you are personally on the hook for any unpaid rent, property damage, or other liabilities. Landlords usually do not want to remove the personal guarantor clause, but you may be able to negotiate some flexibility into it.

Can a landlord sublet a commercial space?

Or you may be able to negotiate the right to sublet all or part of your commercial space to another party. A landlord may agree to this as long as they are able to approve the new tenant, and as long as the original lessee remains liable for any unpaid rent or property damage done by the new tenant.

Is an apartment a commercial property?

Pretty much everyone rents an apartment as a place to live, while a commercial property is rented for some type of business use. But each business is unique, and there are many specific ways you may want to use a commercial space, all of which should be addressed in your contract.

What to do if tenant forgot to pay rent?

If the tenant simply forgot to pay rent or is now in a situation where they are able to pay it, then the tenant should alert the landlord and make the payments.

What to do if tenant is evicted?

If the tenant has good reason to defend against the eviction notice, then they should hire a qualified attorney to argue on their behalf in court. This can help ensure a more successful outcome due to the legal procedures involved and certain evidence that the tenant may not know to gather themselves.

Why would a landlord want to evict a tenant?

There are many different reasons for why the landlord may want to evict a tenant from a rental property, including: If the tenant has breached the terms of their lease or rental agreement (e.g., smoking in a non-smoking building or keeping pets despite no-pet conditions in the lease); and.

What happens when you file an eviction notice?

Once the eviction notice is filed with a local court, then the clerk will send a summons to the tenant and also provide the landlord with a court date for a hearing. At this stage, both the landlord and the tenant should be collecting evidence to support their arguments for and against the eviction at the hearing.

Can you stop an eviction?

A tenant can also stop an eviction if they have a valid legal defense against the claim.

What is commercial real estate?

What exactly is commercial real estate? A: Broadly defined, the term “commercial real estate” can be used to refer to any dealing with real property in a business context. It might involve leasing office space, building a new office tower, or selling real property as part of the sale of a business.

How long does a commercial lease last?

These entities will often enter into long-term leases with various businesses. The lease periods can be lengthy, often three, five, or ten years.

What are the elements of a real estate contract?

A: There's a reason that real estate purchase contracts usually end up being complex and lengthy documents. Buyers and sellers try to address all the “what if’s” that might arise in a commercial real estate transaction. While there is no comprehensive list of these, common elements include: 1 names and addresses of the parties 2 recitals (background facts as to why the parties are entering into the transaction) 3 description of the property (specific borders and coordinates). 4 sales price and terms of payment 5 title and title insurance 6 closing date 7 escrow provisions 8 conditions to closing 9 representations and warranties 10 environmental and hazardous waste provisions (disclosure of known conditions or defects) 11 relevant zoning and land use issues 12 buyers’ right of inspection 13 Internal Revenue Code Section 1031 exchange provisions, if applicable 14 liability insurance requirements 15 indemnification and hold harmless provisions 16 remedies if a party breaches 17 rights to amend and modify 18 rights to assignment or delegation of rights 19 attorneys’ fees and costs (for example, “Seller must pay buyers’ attorneys’ fees in the event that seller breaches”) 20 dispute resolution provision (for example, “All disputes shall be submitted to binding arbitration”), and 21 governing laws (for example, “The law of New Jersey shall govern”).

Why do you need a real estate broker?

The broker or agent should have specific expertise in commercial real estate, and particularly in the area where you need it (such as office space, retail space, industrial warehouse space, apartment complexes, agricultural land, and so forth).

What are some examples of legal disputes?

Your goal should be to minimize these. Examples of potential problems that often lead to legal disputes include: Defects in title: Real property interests are usually conveyed by a deed.

How long is a lease term?

The lease periods can be lengthy, often three, five, or ten years . This stands in sharp contrast to the residential market, where outright sales of property are more common. Residential real estate also offers significant leasing and renting opportunities for the consumer, but typically for only one-year terms.

Is a real estate broker an attorney?

However, a broker is typically not an attorney. Many listings will clearly state that real estate agents are not providing legal advice.

What is Commercial or Business Property Insurance?

Commercial property insurance, also known as business property insurance, is a type of insurance policy that protects you from financial loss in the event that external factors cause damage to the business rental property that you are occupying.

What Kind of Business Rental Property Needs Commercial Property Insurance?

Whether you operate your business on owned property or rental property, commercial property insurance can still benefit you. It doesn’t matter if your commercial space is defined as a store, restaurant, an office, or storage space for inventory.

Customized Business Property Insurance for Leased Commercial Space

Are you renting a business rental property or looking to do so? If you already have a commercial space in mind, one of the first steps is to find out if your landlord has insurance for their business property rental or if this type of insurance is required from you by the landlord.

What is a landlord responsible for?

Landlords are legally responsible to take care of things like a leaky roof that damages your bedroom furniture when it rains; a roof leak that has caused a small stain in the bedroom ceiling would not be considered a habitability problem. Landlord responsibilities (and your options) vary for major versus minor repairs.

Can you sue your landlord for an uninhabitable rental?

In every state but Arkansas (which does not recognize the implied warranty of habitability on the state level), you can sue your landlord for an uninhabitable rental unit. And you can do this whether or not you move out. (But staying only makes sense if it's safe to do so—something that wouldn't be the case if your roof has major leaks in studio apartment and it's the rainy season where you live.)

What is the implied warranty of habitability?

This means that the landlord is responsible for making repairs and keeping the property in livable condition.

Can you sue a landlord for a slip and fall?

For example, you slip and fall because there is not a lawfully required banister in the stairwell. You cannot sue the landlord if your injury is due to your own neglect. For example, your apartment is so dirty that you slip and fall in your apartment on a pile of your own dirty clothing.

Can you sue a landlord for a security deposit?

If you are suing because the landlord withheld your security deposit, then it makes sense to file the lawsuit after move out. If you are suing because the landlord refuses to perform repairs to make the unit habitable, then it makes sense to sue while you have an active lease.