what kind of attorney do i need for my apartment lease

In all but the simplest deals, it's a good idea to hire an experienced real estate lawyer to help you negotiate your lease, or at least review it. While you may understand the meaning and significance of the clauses in the landlord's lease, that's no substitute for a legal analysis of the particular lease your landlord has handed to you.

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What is the best way to lease an appartment?

You should also hire a local landlord tenant lawyer to review the terms of a residential lease before you sign the agreement or if you plan on breaching your residential lease agreement, so you will know in advance about the consequences you might have to face. Jaclyn Wishnia LegalMatch Legal Writer Original Author

How much does a landlord-tenant lawyer cost?

Even limited legal help can make a difference, and it might be all you need to steer your way toward a favorable outcome. Check for an attorneys' fees clause in your rental agreement. Many landlords include an "attorneys' fees" clause in their lease or rental agreement to prevent frivolous lawsuits. If your lease or rental agreement includes ...

How do I write an apartment lease?

In all but the simplest deals, it's a good idea to hire an experienced real estate lawyer to help you negotiate your lease, or at least review it. While you may understand the meaning and significance of the clauses in the landlord's lease, that's no substitute for a legal analysis of the particular lease your landlord has handed to you.

What is the legal age to lease an apartment?

Breaking a Lease. A written lease or rental agreement is a binding contract between you and your landlord. While you may have valid reasons for wanting to get out of your lease (for example, you're moving because of a job, marriage or divorce, or the apartment is severely damaged), breaking a lease is still a breach of contract, so you could be ...

What is a lease checklist?

Basic Terms Of The Lease The lease should list the names of each person entering the agreement with the landlord and how many adults and children will occupy the unit. The lease should also specify a start and end date. The amount of rent and security deposit the tenant agrees to pay should also be included.

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

What do you call someone who leases an apartment?

A lessee is a person who rents land or property from a lessor. The lessee is also known as the “tenant” and must uphold specific obligations as defined in the lease agreement and by law. The lease is a legally binding document, and if the lessee violates its terms they could be evicted.

Who regulates apartment complexes in Texas?

The Texas Workforce Commission ("TWC") is the entity responsible for enforcing the Fair Housing Act in the State of Texas. You have one year after an alleged violation to file a complaint, but you should file it as soon as possible.

Can I break my lease because of roaches in Texas?

Landlords must provide clean, safe housing, but tenants must keep the property in good condition. For that reason, Texas tenant rights regarding roaches don't allow for early lease termination if renters introduced the roaches to the property or encouraged the problem through improper housekeeping.Mar 21, 2020

What is minimum rent?

Minimum rent is a rent that is also known as fixed rent, dead rent, contract rent, rock rent, or flat rent. It is the minimum sum that is given to the lessor of a property by the lessee so that the lessor receives a minimum amount of sum for a specific period.

Who holds the lease of a property?

Leasehold: Unlike a freeholder, as a leaseholder you own the property BUT NOT the land on which it is built – that is owned by the freeholder. Ownership of your property is also for a set period, which can be a number of years, decades or centuries, depending on the length of your lease.Apr 6, 2022

Is the owner of the asset in a lease agreement?

The lessor is the legal owner of the asset or property, and he gives the lessee the right to use or occupy the asset or property for a specific period.

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...

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 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.

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 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 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.

What can a lawyer do for you?

Here are some of the important things a good lawyer can do for you: Spot subtle (or even not so subtle) variations on a lease clause you are familiar with, and explain its meaning to you. Warn you of hidden problems (or windfalls) in the lease that aren't-obvious to the unprofessional eye.

Is it worth hiring a lawyer for a lease?

While it's true that hiring a lawyer will add expense and perhaps time to your lease negotiations, in the long run it can be worth it.

Do lawyers specialize in real estate?

Most lawyers who don't specialize in real estate have only limited experience in landlord-tenant legal issues—and even those with some experience may know only about residential tenancies. So if you just pick a name out of the phone book or go to the lawyer who prepared your will, you may wind up with someone who's less than ideal for handling commercial lease issues.

What happens if your landlord doesn't live up to his or her obligations?

If your landlord hasn't lived up to his or her obligations (ex: neglected maintenance or faulty repairs, or invasion of privacy), you may have just cause for breaking a lease. Read over your Lease Agreement to verify exactly what your landlord's responsibilities are.

What are the reasons for breaking a lease?

Conditions with high chances you'll have to pay a penalty for breaking a lease: Moving for a job. Buying a new house or apartment. Moving because of a marriage or divorce. These are the most common reasons for breaking a lease, and unfortunately are not legally valid reasons ...

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.

Can you break your lease if you are moving?

You may also be able to break your lease if you're being relocated under military orders. You become very sick or seriously injured. In some states, serious illness or injury, or the need to move to an assisted living facility because of illness/injury, is condition enough to let you break your lease.

Can you cancel a lease without penalty?

You've been called to active duty in the military. If you signed the lease before being called up, the Soldiers' and Sailors' Civil Relief Act lets you cancel your lease without penalty.

Do you have to pay rent for a year?

Remember, if you have a fixed lease (usually for a year), you're usually obligated to pay rent for the entire year. This means if your landlord can't find a replacement tenant immediately, or loses rent because of your move, you'll probably have to pay the difference.

What defenses can a tenant use to delay a lease termination?

There are a few defenses that a tenant may pursue in order to delay or halt a lease termination: Landlord Violation of the Lease: The tenant may be able to claim that the landlord broke the terms of the contract first. However, the tenant would need sufficient evidence to prove this defense;

What is a lease contract?

Leases are contracts which legally bind both sides. This means that tenants may wish to terminate a lease before the landlord does. A tenant may enforce a termination of lease agreement under the following limited circumstances: Periodic Tenancy: An example of periodic tenancy would be a month to month lease.

How long does it take to terminate a lease?

Leases such as these can be terminated by either the landlord or tenant for almost any reason; sometimes prior notice is required, usually thirty days; Tenancy at Will: Under tenancy at will, either party may terminate at any time, as long as prior notice was given.

What happens if you break a lease?

If you break a lease without the legal grounds to do so, you may be required to pay an early termination fee. Depending on the terms of your lease, there may or may not be a penalty for terminating a lease. An example of this would be having to pay the rent for the remaining months on your lease.

What happens when a landlord evicts a tenant?

If a landlord wishes to evict a tenant, they must follow the very strict procedural rules of the state and, if in a rent controlled market, the city. When rent goes unpaid and the landlord is unable to contact the tenant, it could seem that the tenant has abandoned the property without notice. If the landlord suspects that a tenant has abandoned ...

Can a landlord terminate a lease?

The ways in which a landlord may terminate a lease agreement with a tenant will vary from city to city. Generally speaking, a landlord can terminate the lease of a tenant in one of the following ways: Periodic tenancy, such as a month to month lease, can be terminated by either the landlord or tenant for almost any reason.

Can a landlord take legal action against you for breaking a lease?

In some especially serious cases, a landlord may take legal action against you for breaking your lease. Some steps tips to consider when terminating a lease include, but may not be limited to: Read your lease thoroughly in order to determine their protocol for terminating the lease or what penalties you may face;

How to send a lease agreement to a tenant?

Here’s an overview of a good process for sending a lease agreement to a tenant: 1 Owner or manager sends an unsigned lease agreement to an approved rental applicant. 2 Applicant reviews the lease agreement, signs the lease, agreeing to the terms, and mails it back to the owner/manager. By returning a signed lease agreement, they are accepting the offer to rent the property. 3 The owner/manager receives the signed rental contract and also signs the contract. At this time, when both parties have signed the lease, the contract is considered binding to terms outlined in the agreement. 4 Both parties get a copy of the signed lease agreement.

Who signs a lease?

The lease should be signed by all adults living on the property and by the property manager or landlord . If a co-signer is part of the rental agreement, they need to sign the lease along with the tenant.

What does it mean when an owner sends an unsigned lease agreement?

Owner or manager sends an unsigned lease agreement to an approved rental applicant. Applicant reviews the lease agreement, signs the lease, agreeing to the terms, and mails it back to the owner/manager. By returning a signed lease agreement, they are accepting the offer to rent the property. The owner/manager receives the signed rental contract ...

What is a rental lease agreement?

The rental lease agreement is a formal contract between a tenant and a property owner, or a representative of the owner, like a property manager, outlining the terms and conditions for living at a rental property in exchange for rent. In order for a lease agreement to be valid, both parties must sign the contract.

How long does a lease last?

A lease agreement, also known as a fixed term agreement, allows the tenant to rent the property for a set term. Most lease agreements are for six months or a year. The terms are unalterable during the lease unless the tenant agrees to the changes. Unlike a rental agreement, a lease does not automatically renew upon termination.

How long is a verbal lease agreement binding?

Verbal Lease Agreement. Often times, a verbal lease agreement is considered legal and binding for one year. If the tenant moves in and you accept the rent then you have a binding month to month tenancy. It is always a good idea to have a written rental agreement, even if you are having a relative stay with you for just a few months.

When does a lease become a month to month tenancy?

Instead, a lease becomes a month-to-month tenancy if the landlord allows the tenant to remain in the rental unit and pay rent after the lease ends. *This article has been updated with current information as of July 2020.

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.

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.

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.

What is a lease for a coffee shop?

The lease defines the commercial activities the tenant is allowed to participate in, but the language may be too narrow. For example, if you are opening a coffee shop, you might also want to sell hats, t-shirts, and coffee cups with your logo on them.

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.

Who is legally responsible for paying rent?

The co-signer is legally responsible to pay for any unpaid rent or damages from the tenant. This added insurance is a way for a younger renter to find housing without the landlord feeling exposed to a risky tenant. It’s imperative that the co-signer signs the lease for this reason.

Who is responsible for rent, damages, and other items spelled out in a lease?

The people who sign the lease are the ones responsible for rent, damages, and other items spelled out in the lease. A renter that sneaks an additional person into the rental that is not a party on the lease is only increasing their liability.

What happens if a tenant has a roommate?

A tenant that has a roommate that is not on the lease is creating unnecessary liability for themselves. For example, if the roommate damages the rental to the tune of $1,000 the landlord will charge the tenant for those damages. The people who sign the lease are the ones responsible for rent, damages, and other items spelled out in the lease.

What is a lease?

The lease protects landlords and tenants. Sometimes a tenant may view a lease only as a landlord protection but that is not the case. The lease protects the tenant as well. If there are issues that arise the lease is the contract that will determine how those issues are handled.

What happens if a tenant sneaks into a rental?

If a tenant sneaks someone into the rental they are creating additional liability for themselves and that guest is not afforded the same rights as the tenants responsible for the lease. It’s a good idea that everyone of legal age signs the lease.

How old is a child on a lease?

A child is considered anyone under the age of 18 in the United States. A child is not a tenant and is considered an occupant until they reach the age of 18. A child occupant may be listed on the lease as an occupant under 18 years old but should not have to sign anything nor be listed as a tenant on the lease.

What is a co-tenant addendum?

A co-tenant addendum is simply a form adding the child as an adult tenant, like a roommate. It essentially requires a full background check for the new addition, copies of identifying documents, and says in writing that the new adult will abide by all terms of the lease agreement, including financial.